How Do Courts Decide Child Custody and Parenting Time in Minnesota?

Sometimes an expert is necessary in helping the court decide on custody and parenting time matters. There are many types of experts Generally, the expert is tasked with interviewing the parties, the child(ren), and other individuals involved in the regular care of the child(ren) such as doctors, therapists, teachers, etc. The expert considers documents such as health records, report cards, police reports, and other informative documentation to help guide their analysis.

Upon completion of the investigation, the neutral expert may provide a detailed report to the parties and the Court outlining their recommendations for custody and parenting time that consider the best interest of the child. Below is a short list and description of each method the Courts may consider in a custody case.

1. Custody Evaluation – a complex process involving a neutral third party (such as an Evaluator or Guardian ad Litem) who completes a report assessing the best interest of the child along with recommendations for the parties’ and the Court’s consideration. The parties generally have an opportunity to review the report and try to resolve the case before going to trial.

2. Parent Time Evaluation – another process involving a neutral third party who completes a report and makes recommendations to the parties and the Court regarding a parenting time schedule that fits the best interest of the child. Sometimes the Parent Time Evaluation is conducted at the same time as the Custody Evaluation.

3. Parenting Time Expeditor - another neutral third party who helps resolve disputes from a court order. Therefore, the Parenting Time Expeditor is only considered when there is a court order in place and the parties do not agree on the terms of the court order.

If the processes above seem invasive, expensive, or more challenging than necessary, there are methods aimed at helping parents reach decisions with minimal court involvement instead.

In most cases, some form of Alternative Dispute Resolution (ADR) is required before parties can go to trial. One type of ADR used in family court involves mediation. Mediation involves a neutral facilitator who assesses the family dynamics and the child’s needs while helping parents find solutions to complex problems instead of going to trial. There are many types of mediation. Generally, they include:

a. Social Early Neutral Evaluation and/or Financial Early Neutral Evaluation

b. Mediation

c. Moderated Settlement Conference

d. Child-Inclusive Mediation – used under specific circumstances only

If decision making becomes challenging between the parties, a Parent Consultant can help parties make decisions through recommendations or decisions in the event the parties cannot reach agreements without the need for court involvement.

For further information, please contact us at 612-444-6445 or by email at tiffany@dustlawoffice.com

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