Question: Do Mother’s Always Win Custody Of The Kids?



This question, brought to us by Abigail from Wells, Minnesota, is answered by Jason Kohlmeyer, of Rosengren Kohlmeyer.

In the state of Minnesota, there is no presumption that mothers or fathers receive any special rights as far as custody of the children goes.

However, the law does favor the parent or spouse that is the majority care provider, and the reality in our current day and age, is that mothers are typically the parent or spouse that goes shopping with the kids, takes care of their school lunches, or handles the medial and educational meetings for their children.

Does that mean that a father’s contribution may get downplayed?  The answer isn’t a simple one, and it is much easier for a court to make the right “decision” when all of the facts are in play, which goes for both the mother and father of the children.

As such, while the law doesn’t automatically favor mothers, it is often the case that mothers win custody for this reason.  It is nonetheless important to remember that just because you are a mom, in this case “Abigail”, does not necessarily guarantee you will be granted with custody of the kids in the state of Minnesota.

Jason Kohlmeyer
Mankato, Minnesota

Jason Kohlmeyer

With over 15 years experience in high conflict family law cases, having received numerous awards, and a frequent lecturer through both Minnesota and the United States on family law issues, Jason has decided to help people through a blog, answering some of the most common questions that people have during divorce and family law. cases. Remember this isn't legal advice. Just blog and attempts to answer general questions, for legal advice you need to hire a lawyer. If you're in Minnesota our firm would be happy to see if we can help you.

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