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How do courts determine the best interests of a child?

On Behalf of | May 26, 2021 | Firm News

After going through a divorce, you may wonder what factors influence child custody arrangements.

While physical safety is an important factor, emotional connections and the history of each family member are important. Knowing more about the statutes in Minnesota may help you understand how the court determines custody.

Emotional needs

According to Minnesota Legislature, the court takes the child’s attachment to a place or family arrangement into consideration while discussing possible solutions. This can include spiritual or cultural factors that influence daily life and the child’s sense of community.

Many changes can influence this, such as a child finding it hard to switch schools in the middle of the school year or move to a new place without any extended family around.

Preferences of the child

A child may voice a preference to live with one parent or the other during this legal process. The court allows this opinion to influence the final outcome, but only if the child is old enough and mature enough to express a consistent opinion.

Commitment to communication

The court also examines if you are willing to foster a connection between your ex-spouse and child in the future. Severing communication between your child and his or her other parent, such as blocking texts or calls, and avoiding important legal meetings can cause trouble.

Safety issues

Not only do emotional needs factor into this decision, but the health and well-being of the child do as well. Judges examine if you have a history of domestic abuse or unsafe visitors to your home. Providing basic items like a stable place of residence, along with emotional support, is of utmost importance for anyone seeking child custody.