Physical Custody Label

Physical Custody Label May Make a Difference. June, 2018

In June, 2018 the Minnesota Supreme Court reversed a decision made by the Minnesota Court of Appeals and made a dramatic decision regarding physical custody in Minnesota. When the child support laws changed in 2007 the basis of support was changed to focus on parental income and parenting time and not on the label of physical custody.

Most attorneys and mediators advised clients that the label of physical custody isn’t worth arguing about because it wasn’t likely to have a practical impact on support or parental rights. The case from the Supreme Court may change that perspective.

The Court argued that the label of sole physical custody mattered in determining the standard to use when deciding whether to increase parenting time. The court decided that a father who wanted to increase his parenting time would have to meet the higher standard of endangerment, rather than the standard of the children’s best interests, because mother had been granted sole physical custody. To read the entire decision, please click on the link below. For more personal advice on your situation, please contact us.

https://mn.gov/law-library-stat/archive/supct/2018/OPA161056-062018.pdf