Child Custody & Parenting Time

Attorney Tricia Dwyer is rated 'Superb' year after year
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  • BEST INTEREST OF THE CHILD
  • PATERNITY, ESTABLISH CUSTODY RIGHTS
  • CHANGE CUSTODY
  • CHILD SUPPORT, lower child support, end support
  • HIGH CONFLICT PARENTS
  • FATHERS RIGHTS. Mothers Rights. Bias, prejudice
  • PARENTING TIME DISPUTE
  • CONTEMPT OF COURT

LEGAL QUESTION: My ex got smartfone & smartwatch for our 9 y old. We have 50-50 custody. Can I take those away from our son when he's with me?
ATTORNEY TRICIA DWYER'S REPLY: Hello. I have had that very issue multiple times. Each situation is different; if I was helping you with this, I'd talk with you first to learn more of the details. Kids' Smartphones & Smartwatches is something that may be a part of a court Order, and for very, very good reason.


  • ​CHILD CUSTODY can be made by agreement of the two parents ENTIRELY out-of-court - NO initial court filing, NO initial court fee paid, NO 'hand-serving' of legal paperwork. Whenever possible, I always try to help people form private agreements. In the vast majority of situations, the parents have already decided & know what works for them. Once the agreements are made, then the proper legal paperwork can be submitted to the Court, and the Judge or Court Referee will review and decide all.

  • CHILD CUSTODY can first be divided into two parts:
  • LEGAL CUSTODY of a child can be sole or joint. Sharing custody is presumed to be best for the child, unless there are reasons otherwise.
    • ​Legal Custody has 3 parts: 1.) Health - Medical - Mental Health care of the child, 2.) Education - what school the child will attend, 3.) Religious Upbringing, if any. It's rare that sole legal custody is awarded to one parent.
    • Sole legal custody means the other parent has no say in the decisions, and no right to school records or contact.
    • PHYSICAL CUSTODY refers to the day-to-day care of the child. It's presumed in MN law right now that it's best for the child that Physical Custody is shared in a 50-50 to 40-60 way, unless there's reasons otherwise. Parenting Time is nearly-always unsupervised, but Supervised Visitation or Supervised Parenting Time is sometimes ordered.
    • ​Problems can happen after a court decision is made. Nearly always parents are to first try to work out their problems by MEDIATION. Mediation is voluntary, but you are to try, in good faith. I have very, very strong views on Mediation & Mediators, & I've written online. First, know that mediation is not 'one thing/way' - there are at least 4 main types of mediation processes. (I am also a trained Child Custody & Divorce Mediator, & the training I had was excellent.) Second, ALWAYS each of the mediators you are considering provide you with full & very detailed resumes which include their specific education & training, & approach & views.  Mediation can take place by Zoom - I can help clients all over the state of MN.  Third, know that mediation that involves lawyers can be tremendously expensive - I urge you to choose the lawyer you trust to help you very, very carefully!  Fourth, remember that all mediators are human beings. You may know about Implicit Bias - all of us have 'baggage', but some of us are much, much more aware of our biases & prejudices than others. 

    • A Motion To Change Custody may need to be made. A Custody Evaluation may be done. A Guardian Ad Litem (GAL) is infrequently appointed.
    • A parent may want to move the child to another state. A parent may have taken the kids to another state.
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