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Custody issues are usually the top priority in a divorce or paternity case. In Minnesota, there are two types of custody – physical and legal. However, because each case is unique, predicting a certain outcome can be quite challenging. As in many areas of family law, the standard applied by the courts in awarding custody is the “best interests of the child.” At BGS, we strive to ensure the best-case scenario for our clients and those individuals directly affected by the custody matter.
Under Minnesota law, “joint” custody means both parents have “equal rights and responsibilities” to make important decisions regarding the welfare of the children. For example, parents who have joint custody may collaborate on their children’s health care or education and consult with each other when making decisions.
Sole custody makes one parent responsible for such decisions – either legally, physically, or both. For example, one parent may have autonomy when making decisions about where a child lives. A court order granting one parent sole custody often happens when there is “wrongdoing” by the other parent, such as domestic abuse.
Physical custody involves the day-to-day care of a child, including decisions regarding the child’s primary residence.
Legal custody involves the ability of a parent to play a role in the major decisions surrounding the upbringing of a child such as matters of education and religion or medical decisions. Legal custody does not involve the day-to-day decisions involving the care of a child.
When determining a proposed custody plan, Minnesota family court considers several factors that are referred to as the “best interests of the child.” These include:
Please call our offices to inquire about making an appointment to speak with an attorney. The knowledgeable staff will be able to answer your questions regarding the appointment and make sure that everyone is prepared for the initial consultation.
While some attorneys have free initial consultations, there are some areas of law that require a small fee for an initial consultation. You will be informed of any and all fees associated when you call to make an appointment.
Our attorneys offer highly sought-after professional services for which there is an associated fee. These fees will be discussed in your initial consultation.
Billing and payments are determined by individual attorneys who will discuss these issues with clients at their initial appointments.
Our attorneys and staff are professionals experienced in providing legal services with efficiency and the utmost of client confidentiality. Trust, dedication, and professionalism are essential to the success of any business relationship. We believe these characteristics are the essence of integrity, and we strive to nurture these values within our firm. Since our inception, the attorneys at Barna, Guzy & Steffen have been committed to providing comprehensive legal services within the framework of professional excellence.
Listen to your Miranda Rights.
Request to speak with an attorney in private. Your Miranda warning will be read to you by the arresting officer. It is very important that you pay attention to every word of these rights.
If you are placed under arrest, the officer has most likely completed an investigation leading to the belief that there was probable cause that you committed a crime. At this point, the officer has made their decision. Do not think that you could say or do anything to change the officer’s mind.
Do not resist arrest. Resisting arrest could subject you to further criminal charges if you go too far. Additionally, your attitude toward the arresting officer, if negative or volatile, will be presented as supporting a guilty verdict. In general, juries do not react favorably to a person who fights with police and will most likely see this is as evidence of guilt.
If convicted, the prosecution could use any negative conduct to support a harsher sentence. In short, displaying aggressive behavior toward police will only cause trouble. Even if you are scared, angry, or are experiencing high anxiety, you must maintain composure and politely request to speak to an attorney in private.
The law firm of Barna, Guzy & Steffen offers dedicated attorneys who effectively and efficiently handle your legal needs with the highest level of professionalism.