A common request is that a parent will state, “I want 100% custody” or “I want 50% custody”. But what does that mean? In the State of Minnesota, custody and parenting time are two very different things.
Custody is the label assigned by the Court or by the parents agreement. Custody is broken down to two things – legal custody and physical custody. Legal custody is major decision making – health care, religion, and education. The presumption is in the law is that should be joint as parents should make those major decisions together. Physical custody is defined as the routine daily care and control and residence of the minor child. Both of these labels can be either joint or sole. Joint meaning that it is shared, or sole meaning that one parent has priority over the other.
Parenting time is the actual scheduling of when a child will be with the other parent. An example of this is every other weekend or a week on/week off schedule. This is the parenting time schedule that the child follows with the parents.
The custody labels and parenting time schedule – especially the Court-ordered overnight parenting time – carrying very different rights and consequences within a child custody and parenting time matter.
Contact Moody Family Law, PLLC for your free 30 minute consultation to discuss your custodial and parenting time rights regarding your minor child.
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