They Serve the Best Interest Of the Child.  The right to determine the child’s upbringing ◊Education ◊ Health care ◊ Religious training  Strong presumption.

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Presentation transcript:

They Serve the Best Interest Of the Child

 The right to determine the child’s upbringing ◊Education ◊ Health care ◊ Religious training  Strong presumption that joint legal custody is in the best interest of the child ◊ Joint legal custody is typically awarded

 Routine daily care and control and residence  No statutory presumption for or against awards of joint physical custody ◊ Historically MN courts preferred not to award ◊ 1986 – 6% of sampled cases had joint custody outcomes ◊ 1999 – 23% of sampled cases had joint custody outcomes

 2006 – amendment to change the term visitation to parenting time  Time that a parent spends with a child regardless of the custodial designation regarding the child  2006 – amendment to statute to a presumption that a parent is entitled to 25% parenting time ◊ Equates to 91 days per year

 Less than 10% - no adjustment  10 – 45% - 12% adjustment  45.1 – 50% - adjustment based on income

 63% of child support owed is actually received in sole custody cases  95% of child support owed is actually received in joint custody cases  Of ten million custodial mothers, only 7% do not receive child support because of a “deadbeat dad”

 5 times more likely to commit suicide  9 times more likely to drop out of school  10 times more likely to abuse chemical substances  14 time more likely to commit rape  20 times more likely to end up in prison  20 times more likely to have behavioral problems  32 times more likely to run away

 25.5% of child abuse victims live solely with their mothers  2.6% of child abuse victims live solely with their fathers  27.1% of child fatalities were perpetrated by mothers  16.3% of child fatalities were perpetrated by fathers

 Custody ◊ Ownership/control ◊ Power over other parent ◊ Encourages conflict  Parenting Time ◊ Sharing ◊ Empowers each parent ◊ Encourages cooperation ◊ Emphasizes parental obligations