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Dealing with custody prior to a divorce

On Behalf of | Oct 21, 2021 | Divorce, Family Law |

Parents in Minnesota may want to know how they can gain child custody before getting divorced. Some divorces take a long time to become final. There are also many unmarried couples who have children. If the relationship doesn’t work out, there are certain ways to deal with custody issues prior to the split.

Try to come to an agreement on your own

Although many couples go through the family court to decide on child custody, it’s possible to bypass that altogether. If you and your ex come to an agreement together and find a solution that works for both of you, you don’t have to involve the court at all. You may be able to decide on shared custody informally. However, you can always turn to the court to make it a formal agreement.

Get a temporary custody order

Per family law, you have a right to request a temporary custody order from the court. This is normally issued before the divorce takes place. You must have a motion filed to ask for full or joint custody and create a visitation plan for your spouse.

Seek help through mediation

If you and your ex are having a difficult time determining how child custody will work while you go through a divorce, mediation might help. A mediator can help you settle your disputes in a calm, rational way and come up with a plan that works for both of you and your child.

Best interests of the child

Family law dictates that matters like child custody must always take the best interests of the child into consideration first and foremost. The court will review the factors of your case and determine a custody order that works best for your child. Usually, the court will look toward including both parents in custody, but one might get primary custody. Mothers usually get preference if the child is a baby.

Divorce is never easy and can be especially difficult for your child. Custody matters can be determined before the divorce process even begins, which may help your child ease into the split between their parents.