During a divorce and custody battle the courts main concern is the well-being of your child. Ideally you and the other parent would work together to create a parenting plan that suits everyone involved. This is optimal because you know your child best, you have a say in how they are raised, and then it makes it easier for the judge to approve. Additionally, it is much more cost effective to not involve the court in your parenting decisions. In the event you don’t come up with a parenting plan to present to the court, then it will be up to the court to determine how you should raise your child.
In both cases the judge will ask you questions to ensure the best interest of your child is taken into account. Below is a list of some typical questions the judge may ask. These are good things to proactively think about prior to making your court appearance.
- How do you plan to allocate your children’s time between houses and parents?
- Where do your children want to live?
- Which parent typically provides the most care for your children on a daily basis?
- What relationship does each of you have with the children?
- What is the physical, mental, and emotional health of you and the children?
- Are there any additional people who should continue to have regular contact with the children for their benefit? Siblings, relatives, or other adults involved in your children’s life.
- How does each child’s temperament affect his or her adjustment to change?
- Have your children lived in the same home or community a long time, with positive results?
- How stable is the home where your children will primarily live? Are their physical needs likely to be met now and in the future?
- Are you both physically and mentally able to provide your children with love, quality care, and guidance?
- Does your parenting plan allow for your children to understand their cultural roots?
- How supportive of each others relationship with the children are you?
- Do the children have any special needs that must be addressed in your parenting plan such as physical, emotional, or developmental disabilities
- Do either of you have a history of family violence or abuse? If so, how are you addressing this?
Our Minnesota family law services seek to help create more peaceful family environments through several means. Sharing advice and useful tips like these are one way we can help Minnesota families make the best of difficult situations.