Before you go through your divorce, you may worry about how it will affect your time with your children. Even if you no longer wish to be married, you still want to be a part of your kids’ lives. But as you and your spouse split up, you may be unsure how a court will rule on custody.

In Minnesota, if you can’t agree with your spouse on a custody schedule, a judge will decide for you. But before ruling on how the two of you share parenting time, the court will consider what is in the best interest of your children.

Questions a judge may ask before deciding on custody

There are several questions that a judge may ask when splitting custody. According to Minnesota law, some of these include:

  • How will the custody arrangement affect the children’s emotional needs?
  • Are there special medical or educational considerations for the children?
  • How much has each parent contributed to raising the children?
  • Are there any physical or emotional reasons that prevent one parent from caring for the child?
  • How well will both parents work together to raise the children after the divorce?

These are some of the ways a judge will determine the best way to divide custody of your children. The court may also examine specific details of your marriage. If your children are old enough, they can also let the judge know their wishes.

Losing a spouse doesn’t mean losing your kids

You may avoid divorce to keep your kids in your life. But if you have a strong and healthy relationship with them, a judge may agree that maintaining that connection is in the best interests of your children.

Going through a divorce does not necessarily mean you will lose your kids.