Remember that every judge, referee, or magistrate is different. Although all judicial officers must apply Minnesota statutes and precedential case law, the law recognizes that the best person to make judgments about a witness’s credibility is the judge hearing the case.
This judicial discretion allows the judge in your case to apply the law to your specific set of circumstances and then make a decision that is consistent with the law.
For instance, in custody matters, Minnesota statutes address the 13 Best Interest Factors.
In order to make an informed decision, the judge in your case might order that you participate in a custody evaluation. The judge also may order that a Guardian ad Litem be appointed. Additionally, you and the opposing party might agree to participate in the ENE process.
The Early Neutral Evaluator, custody evaluator, Guardian ad Litem, and ultimately the judge must consider the 13 Best Interest Factors when they have to make a recommendation or decision about the custodial arrangement and parenting time that is in YOUR children’s best interest.
Stacy Wright is a Minnesota Family Law Attorney, and can represent you in your family law matter. Call (763) 244-1002 to schedule a consultation with Stacy.
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