Minnesota Info

Minnesota Divorce Start Your Divorce Find Professionals Minnesota Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Minnesota Products Divorce by County

Minnesota Articles

Agreements Attorney Relationship Custody & Visitation Child Support Divorce/General Domestic Abuse Financial Planning Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Minnesota Divorce Support Minnesota Divorce Online

The Importance of Temporary Custody in Minnesota

In cases where the issue of custody is contested, there is often an initial hearing where the Court decides issues of custody, visitation, child support, spousal maintenance, occupancy of the homestead, etc. on a temporary basis, pending issuance of the final Judgment & Decree or Divorce - which can be several months or even a year or more in contested custody cases.

The general rule is that no testimony is taken at the temporary relief hearing. Rather, the Court decides the issues of temporary custody, etc., on the basis of parties’ respective motions and affidavits, and on the arguments of counsel made at the hearing. It is extremely important to take the time at this stage to get affidavits and documentation from all those who have relevant knowledge.

Legally, the fact that one party or the other is granted temporary custody has no bearing on which party should ultimately be awarded permanent custody in the final Judgment and Decree of Divorce. However, it is important to understand that the temporary custody order represents the Court’s best initial guess as to which parent is the more suitable custodian, and it sets the tone for subsequent the proceedings.

Temporary orders may be modified at any time during the pendency of the proceedings. However, in practice, the Court will not seriously consider a motion to modify temporary custody unless there has been a demonstrable change of circumstances since the prior order. The most common reason for modification of a temporary order is the issuance of the custody evaluator’s report.

NOTE WELL: If you intend to seek custody, it is important that at the time of separation you do not move out and leave the children in the care of the other party in the marital home. If you do so, the other parent will certainly argue that he or she should be awarded temporary custody of the children simply to maintain continuity and stability for the children.

* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.


Was this helpful? Like our site & let us know.

Related Articles


Start Minnesota Divorce Start Your Minnesota Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Minnesota Divorce Find Minnesota Divorce Professionals in Your Area:
Join the Network
Minnesota Divorce Products, Services and Solutions Minnesota Divorce Products, Services and Solutions
Minnesota Divorce Resources to Help You Through the Process.
Online Parenting Class Minnesota Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Minnesota Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
Marital property, which is all assets and debts acquired during the marriage, is divided equitably, in a manner the Minnesota court believes is fair. Separate property is not considered marital property, and it includes property acquired before marriage, gifts and inheritances. The increase in value in this property is also separate property.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a Minnesota Divorce

 

Settle Your Divorce Negotiate Your Minnesota Divorce

 

Support Forum Minnesota Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - QdroDeskTM (Divide Your Retirement Account Online)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"