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FAMILY
WOR DS : M OR G A N L . C R OA KE R , S E R KL A N D L AW F I R M
UNDERSTANDING CUSTODY and CHILD SUPPORT between North Dakota and Minnesota
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hen it comes to divorce involving a child, important considerations include where the child will live, who will make decisions for the child, and how costs for raising the child will be allocated between the parties. While every situation is different and depends on the individual circumstances of the parties, the following information will give you a general idea of how these issues are addressed in North Dakota and Minnesota.
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:: areawomanmagazine.com
Which parent will the child live with after divorce?
Who gets to make decisions for a child after divorce?
The overarching consideration is what is in the best interests of the child. Both North Dakota and Minnesota have enumerated lists of these “best interests factors” which include (among other things) the mental and physical health of the parties, the willingness and ability of each parent to care for the child’s needs, and the potential effect on the well-being of the child due to any change in the home, school and community.
Whether agreed to by the parties or ordered by the court, a determination as to how decisions for the child are made, post-divorce, is an important determination.
In North Dakota, what people commonly think of as “custody” is termed "residential responsibility," defined as a parent's responsibility to provide a home for the child. Minnesota uses the term “physical custody” defined as the routine daily care and the residence of the child. Allocating residential responsibility/physical custody can take many forms. For example, in North Dakota, "primary residential responsibility" means a parent has more than fifty percent of the residential responsibility; residential responsibility can also be equal. Physical custody is usually referred to as joint or sole. Joint means the routine daily care and control and the residence of the child is structured between both parents, but it is not necessarily an equal split of time; sole physical custody usually refers to the child residing with one parent the majority of time.
In North Dakota, this is referred to as "decision-making responsibility,” defined as the responsibility to make decisions concerning the child relative to day-to-day decisions as well as major decisions such as education, healthcare and spiritual development. The term may refer to decisions on all issues or on specified issues. Minnesota uses the term “legal custody,” defined as the right to determine the child's upbringing, including education, health care and religious training. Like residential responsibility/physical custody, decision-making authority/legal custody can be “joint” or “sole.” Joint means both parents have equal rights and responsibilities; sole means only one parent retains those rights.