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Father’s. They Serve the Best Interest Of the Child. MINNESOTA STATUTE. Legal Custody. The right to determine the child’s upbringing Education Health care Religious training Strong presumption that joint legal custody is in the best interest of the child
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Father’s They Serve the Best Interest Of the Child
Legal Custody • The right to determine the child’s upbringing • Education • Health care • Religious training • Strong presumption that joint legal custody is in the best interest of the child • Joint legal custody is typically awarded
Physical Custody & Residence • Routine daily care and control and residence • No statutory presumption for or against awards of joint physical custody • Historically MN courts preferred not to award • 1986 – 6% of sampled cases had joint custody outcomes • 1999 – 23% of sampled cases had joint custody outcomes
Parenting Time (aka: visitation) • 2006 – amendment to change the term visitation to parenting time • Time that a parent spends with a child regardless of the custodial designation regarding the child • 2006 – amendment to statute to a presumption that a parent is entitled to 25% parenting time • Equates to 91 days per year
Parenting Time Adjustment To Child Support Obligation • Less than 10% - no adjustment • 10 – 45% - 12% adjustment • 45.1 – 50% - adjustment based on income
Child Support • 63% of child support owed is actually received in sole custody cases • 95% of child support owed is actually received in joint custody cases • Of ten million custodial mothers, only 7% do not receive child support because of a “deadbeat dad”
Children in fatherless homes: • 5 times more likely to commit suicide • 9 times more likely to drop out of school • 10 times more likely to abuse chemical substances • 14 time more likely to commit rape • 20 times more likely to end up in prison • 20 times more likely to have behavioral problems • 32 times more likely to run away
Child Abuse & Fatalities • 25.5% of child abuse victims live solely with their mothers • 2.6% of child abuse victims live solely with their fathers • 27.1% of child fatalities were perpetrated by mothers • 16.3% of child fatalities were perpetrated by fathers
Changes • Custody • Ownership/control • Power over other parent • Encourages conflict • Parenting Time • Sharing • Empowers each parent • Encourages cooperation • Emphasizes parental obligations