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Average length of a custody and parenting time case.

Minneapolis, MN |

If things were to work out perfectly what is the average time it would take to be completed? What if we couldnt come to agreement and it went to court for the judge to decide then what would be the average for that? unmarried couple with 1 kid

Attorney Answers 3


There is absolutely no way to tell. IF everything were perfectly agreed upon between the two of you, you wouldn't need a custody attorney, right? Or, all you'd need is someone to draft the custody agreement for submission to the court because you both agree on everything. If that's the case, then it would only take a short time. But, if you don't agree, it takes as long as it takes. Will there be custody studies done? Medical experts? Psychologists? Records to examine? Depositions? Multiple hearings? It can take a long time if everyone wants to argue.

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Hello. Each case presents its own unique issues. The county in which the matter is venued is important to know. Hennepin County, for instance, is the busiest county in the state followed by Ramsey County. Certain times of year are busier for the court than others. Certain factors of a given case create the need for the completion of certain tasks (for instance, a chemical dependency assessment, a mediation, an early neutral evaluative process). Some cases eventually proceed to a court trial.

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There are a lot of factors that can go into answering your question. I am licensed in Michigan, and our statute requires a minimum of 6 months for an action with minor children; I am not sure how the law in MN differs. A lot also depends on where you live and where the action was filed (as mentioned by other attorneys), and how much you agree or disagree on. Sorry to say there just can't be a guarantee about what the waiting period will be. You just have to be patient about this.

Is this “helpful” or a “best” answer? Please mark it if it was, and I hope it was! Thank you! Nancy L. Ballast is an attorney in west Michigan, with a practice centered on family law, estate planning, and criminal law.

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