Is Joint Custody Really Favored in Minnesota Family Courts?

January 12, 2010

By Jennifer Moore, Family Law Attorney

I’ve heard it said that we are so fascinated by celebrity stories because they serve as modern morality plays. According to Slate, Bristol Palin is seeking sole custody of her daughter, and Levi Johnston is fighting it. Minnesota (as opposed to Alaska) has a statutory presumption in favor of joint custody. However, the presumption seems to be applied inconsistently. In many cases, the presumption is ignored in favor of an analysis of work and school schedules. In others, the parties are discouraged from raising significant issues of neglect and chemical dependency, based upon the experts’ opinion that these issues would not overcome the statutory presumption in favor of joint custody.

No parent is perfect. I advise my clients to be careful to permit the other parent a certain freedom and autonomy to build their independent relationship with their children. That being said, I cannot advise my clients to ignore true dangers to the mental and physical wellbeing of their children.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s