Protecting Your Children
Entering into a divorce or separation with children involved, the children are among the most important considerations. Without proper preparation and negotiation, you could lose valuable time with your kids, or they could be in unhealthy living situations. It is critical to pay close attention to this aspect of your divorce.
When it comes to protecting your children in the divorce process, there is nothing more important than working with a lawyer you trust. At Oney + Kim Family Law, PLLC, our attorneys take particular care in helping clients protect their children in the divorce process. We serve clients in Eagan, Minnesota and throughout the Twin Cities. Read through some of the most commonly asked questions about child custody in Minnesota and reach out to learn more about how we can help you.
What are my parental rights before the divorce is finalized?
During the divorce process, both parents generally retain 100 percent of their parenting rights. However, there are circumstances in which one parent feels that the other is a bad influence on the child or there are serious disagreements about how parenting should be handled in the divorce. In these cases, we can petition the court for temporary orders directing how parenting is to be handled during the divorce process.
How is child custody determined?
Whenever possible, we try to negotiate parenting plans through the mediation process. This allows both parties to work together to come up with an agreeable plan, rather than having the court make these decisions for them.
However, when an agreement cannot be reached, the court will take numerous factors into consideration and issues custody orders.
If my spouse (the child’s other parent) is a terrible parent, can I keep my spouse from spending time with our child?
You cannot unilaterally keep your spouse from spending time with your child. However, there are legal means for restricting that relationship. Usually these legal means are reserved for serious situations, requiring a determination of unfitness as a parent. Common causes for this ruling of unfitness can include a history of abuse, domestic violence or neglect. However, unless there is a court order, both parents retain their parental rights.
After the divorce is finalized, what if I need to move or my schedule changes?
It is not uncommon for parents’ situations in life to change after a divorce and custody decree are finalized. For situations involving significant change in circumstances, we can petition the court for a custody modification.