Q. What is the difference between "legal" and "physical" custody?

A. Legal custody refers to the right to make significant decisions about the children. It usually deals with a child's religious upbringing, medical care, and education. Physical custody is pretty much what it sounds like - which parent has the child or children in his or her custody at any given time. In Minnesota, it is often referred to as "parenting time."

Q. What is "parenting time"?

A. Parenting time is the term used in Minnesota for the time each parent spends with the parties' children. In most cases, the parties have a Parenting Time Schedule that sets out in some detail when the children are with each parent. I usually encourage my clients to establish as detailed a schedule as possible to reduce the chances of a dispute in the future.

Q. My child has only lived in Minnesota for three months. Can a Minnesota court help me with my child custody dispute?

A. Typically, a child must reside in Minnesota for six consecutive months for a Minnesota court to have jurisdiction over the case. Emergency situations may be eligible for an exception. Your attorney can assist you in deciding whether you are eligible for an exception.

Q. Do I need to go to court?

A. Not necessarily. Many child custody disputes can be resolved through alternative dispute resolution. For disputes over custody and parenting time, there are several options available to help parents resolve their differences without going to court. Mediation is an option in these cases, just as it is in civil litigation. But, parents can also work with professionals who have specifically developed skills aimed at resolving custody disputes. These include parenting time expeditors and parenting consultants. In custody and parenting time cases, I try to help my clients find the least expensive, lowest conflict way to resolve their disagreements. That money and energy is better spent raising your kids.