Child Custody

In Minnesota, custody is defined in terms of legal custody and physical custody (Eric C Nelson, Attorney at Law, July 17, 2004). Minnesota is the only state that gives the biological mother legal and physical custody and the biological father only gets joint legal custody. With this law, the biological father can not pursue joint physical custody for many reasons, for example: the change is in the best interest of the child, but even then the Court cannot order a change of custody unless: the biological mother agrees or if the biological father can prove that the biological mother or the environment is dangerous to the child.

The problem with this law is that for those biological fathers that want to be more than a paycheck to their child, cannot do anything about it. They either have to convince the biological mother to give them joint physical custody, or prove that she is unfit. In most states, the opposite is done with custody; both parents get joint legal and physical custody, unless one parent can prove the other parent is unfit. Minnesota needs to look at how other states handle the custody issues. Minnesota needs to look at the biological mothers who are only looking into getting money from the biological father.

These day's biological fathers want to be part of their child's life. Minnesota needs to start recognizing the biological father's needs also. For many years, Minnesota has recognized the mother as the only caregivers, but more and more these day's mothers are just as guilty of walking away from their children.

When children are brought into this world, both parties should be responsible. What does not make sense is why one parent should have to pay the other parent (if the parent wants to be in the child's life, more than just twice a month) money to take care of their child. When two people get married and have a child, one parent does not have to pay the other parent to raise the children. There is no question about who is going to take responsibility of the children, after a divorce. Does it have to be so complicated when the parents who were never married? Babies do not come into this world by themselves, so why should they suffer because one parent does not like the other parent.

What can Minnesota do to change the custody law for the biological fathers; they can start by looking at what other states do. Second, they can let the biological father state on