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What is a Non-Custodial Parent in Brainerd, MN

by | Nov 14, 2020 | Family Law, Firm News

When children are involved, getting a divorce is often challenging as most couples tend to fight over who will get child custody. Although some parents will settle their child custody issues amicably through mutual discussion and mediation, most parents will leave it to the court to decide the fate of their children.

In Minnesota, the primary responsibility of a court or judge is to consider the well-being of the children in question. So, depending on the circumstances of your case, the court will decide if one parent gets full custody of the children or both parents share it equally.

1. Types of Child Custody in Minnesota

There are two types of child custody in Minnesota: physical and legal custody. Physical custody refers to the residence of the children, which is most likely to be awarded to one parent in most cases. However, in some situations, the court may award joint physical custody as well.

Legal custody, on the other hand, is about the upbringing of the children, including education, health, and religion or faith. If the court awards joint legal custody, both parents retain equal rights and responsibility for raising their children, including the right to make decisions about education, health, and religion or faith.

However, if the court awards sole legal custody to one parent, only that parent gets these rights. The other parent will also have some limited rights, unless the court specifies otherwise.

As you can see, this is a complex issue that involves several different factors, requiring you to get legal help as soon as possible. You should talk to an experienced child custody lawyer in Brainerd, MN to understand how child custody laws will work in your case.

2. What Is a Non-Custodial Parent in Brainerd, MN?

In Minnesota, usually a non-custodial parent is often the one without physical and legal custody of the children. You should, however, note that a non-custodial parent may have shared legal custody of their children. This means, they will have equal rights in deciding the major decisions in the upbringing of their children.

However, even if you don’t have both physical and legal custody, you can still enjoy a variety of legal rights as a non-custodial parent. Courts usually provide these rights to ensure the welfare of children.

3. What Legal Rights Do Non-Custodial Parents Have in Brainerd, MN?

Not just in Brainerd, but all over Minnesota, a non-custodial parent will have the following rights, unless the court specifically decides otherwise:

  •  You can have access to phone number and/or email of your children.
  • You can get access to health, school, and religious records as well as police reports of your children.
  • You can access information about their health and dental insurance.
  • You can know the address and contact information of your children’s current school, and you will also be kept updated of your children’s progress in school by the school authorities. Please note, however, the school is not required to hold separate conference for you and your ex.
  • The custodial parent is required to inform you about any major development in your children’s lives, including accidents, other medical emergencies, and police arrests or any other criminal issues. However, if you are the perpetrator in the said crime, the custodial parent is not required to inform you of such incident.

The court may decide to take away these rights partially or fully, depending on your case. It is only after a detailed consultation with an experienced child custody lawyer in Brainerd, MN that you will know where you stand in this regard.

4. Does Non-Custodial Parent Have to Pay Child Support?

According to the state’s law, the non-custodial parent is required to pay child support, irrespective of how much the custodial parent earns. The child support law changes in 2018 have further complicated how child support is calculated in Minnesota. The state now uses an income share model that takes into account the income of both parents and divides the child support between them accordingly.

Several factors, such as federal and state income taxes, your health insurance premiums, pension, and social security deductions, among other things will play a critical role in determining your net income and also your child support amount.

Child support is also subject to modifications, depending on the circumstances of your case. Talk to an experienced child custody lawyer in Brainerd, MN to understand your rights and responsibilities regarding child support.


As a non-custodial parent in Minnesota, you can remain involved in your children’s life although you may have limited or no legal rights and limited visitations. To protect your rights, however, make sure to consult a child support attorney. You may be able to modify custodial arrangements with the help of your lawyer. So, stay positive and stay strong, and above all focus on your kids.

Consult an Experienced Child Custody Lawyer in Brainerd, MN Now!

Child custody battles are extremely challenging. If you are struggling to understand and fight for the custody of your children, Carlson & Jones, P.A. can provide you with the right legal support. We have helped countless parents get the best possible child custody outcomes. Call us at 855-762-6548 or contact us online to know how we can help you.