Divorce and legal guardianship are two separate legal processes, but they can intersect in certain situations. If you are considering divorce and have children, it is important to understand the impact on child custody, visitation, and legal guardianship. In Minnesota, divorce and legal guardianship laws are complex, so it is important to consult with a skilled family law attorney who can guide you through the process and protect your legal rights.
Child Custody In Minnesota Divorce
Child custody is often one of the most complex and emotionally charged issues in a divorce. In Minnesota, child custody is divided into two categories: physical custody and legal custody.
Physical custody refers to where the child lives and spends most of their time. If one parent has primary physical custody, the child lives with that parent most of the time, and the other parent has parenting time (formerly called visitation) with the child according to a parenting schedule.
Legal custody refers to the legal authority to make major decisions for the child, including decisions about education, medical care, and religious upbringing. In Minnesota, legal custody can be awarded jointly to both parents or to one parent alone, depending on the best interests of the child.
Legal Guardianship In Minnesota
Legal guardianship is a legal relationship in which a non-parent is given the legal authority to make decisions for a child and care for them. A legal guardian has many of the same legal rights and responsibilities as a parent.
In Minnesota, legal guardianship can be established in several ways. A parent can appoint a guardian in their will, or a court can appoint a guardian if the parent is incapacitated or deceased. A relative, friend, or other interested party can also petition the court for guardianship if they believe that the child’s parents are unfit or unable to care for them.
How Divorce Affects Legal Guardianship
Divorce can affect legal guardianship in several ways. For example, if one parent has been appointed legal guardian of the child, their guardianship rights will continue after the divorce, unless the court orders otherwise.
If both parents have jointly appointed a guardian, the guardianship will likely continue after the divorce, assuming both parents and the guardian agree to the arrangement. If the parents disagree about guardianship after the divorce, the court may have to make a decision based on the best interests of the child.
If one parent has been appointed legal guardian and the other parent wants to contest the guardianship, they will have to petition the court to modify the guardianship arrangement. The court will consider several factors, including the best interests of the child, in deciding whether to modify or terminate the guardianship.
Protecting Your Legal Rights
If you are going through a divorce and have concerns about child custody, visitation, or legal guardianship, it is important to work with an experienced family law attorney who can protect your legal rights and interests. A skilled attorney can help you navigate the complex legal process of divorce and guardianship in Minnesota, and work to achieve the best possible outcome for you and your child.
In addition, if you are considering appointing a legal guardian for your child, it is also important to consult with an attorney who can help you understand your legal options and rights.
Conclusion
Divorce and legal guardianship are two separate legal processes, but they can intersect in important ways when children are involved. If you are considering divorce or legal guardianship in Minnesota, it is important to consult with an experienced family law attorney who can guide you through the process and protect your legal rights. By understanding your options and rights, you can make informed decisions that are in the best interests of you and your children.