When parents separate or divorce, the most emotionally charged—and legally complex—issue is often child custody. In Minnesota, courts don’t just pick a side or make a decision based on who “looks” like the better parent. Instead, they use a specific legal standard known as the “best interests of the child.”
But what does that actually mean?
If you’re a parent facing a custody battle, understanding how the courts make these decisions can help you navigate the process with confidence. This guide from Martine Law breaks down the best interest factors in Minnesota, how they affect your case, and what you can do to protect your parental rights.
What Does “Best Interests of the Child” Mean?
In legal terms, the best interests of the child is the guiding principle Minnesota judges use to decide legal custody (who makes decisions) and physical custody (where the child lives). Rather than defaulting to one parent, the court looks at a range of factors that affect a child’s emotional, physical, cultural, and developmental well-being.
Minnesota law (Minn. Stat. § 518.17) outlines 12 key factors that judges must consider when making custody decisions. These are not suggestions—they are requirements.
The 12 Best Interest Factors in Minnesota
Let’s break them down into plain language:
1. The Child’s Needs
This includes physical, emotional, cultural, and spiritual needs. The court looks at which parent is more likely to meet those needs consistently and thoughtfully.
2. Parental Ability and Involvement
Which parent has historically taken care of the child’s needs—feeding, bathing, helping with homework, attending school events, medical appointments?
3. Relationship Between Child and Parents
The depth, stability, and quality of the child’s bond with each parent plays a big role.
4. Interaction with Others
This includes siblings, relatives, or other individuals who may affect the child’s environment. The court considers how each parent’s household nurtures these relationships.
5. Child’s Adjustment
This looks at how well the child is doing at home, in school, and in their community. The court wants to avoid disrupting a child who is already settled and thriving.
6. Continuity and Stability
Courts usually favor the arrangement that provides the most consistency—stable housing, schooling, routine, and emotional security.
7. Cultural Background
Minnesota courts consider the cultural background of the child and how each parent supports and honors it.
8. Mental and Physical Health
The physical and emotional health of all individuals involved can influence the court’s decision, especially if a parent’s condition may affect their ability to care for the child.
9. History of Domestic Abuse
Any history of domestic violence or child abuse is taken very seriously, and may significantly affect custody and parenting time decisions.
10. Each Parent’s Willingness to Co-Parent
A parent’s ability to cooperate, share information, and support the child’s relationship with the other parent is important. Courts don’t look kindly on parents who are combative or seek to alienate the child from the other parent.
11. Parental Support for the Child’s Development
This includes how a parent encourages the child’s educational growth, emotional resilience, social development, and general well-being.
12. Child’s Preference (if appropriate)
If the child is mature enough, the court may consider their wishes—but this is not a deciding factor on its own.
Does the Court Favor Mothers in Minnesota?
Not anymore. Minnesota law does not favor one gender over the other in custody matters. The presumption is that both parents are equally important, and the court will look at parenting history and the best interests of the child—not gender.
However, in practice, if one parent has been the child’s primary caregiver for most of their life, that may weigh in that parent’s favor regardless of gender.
Legal vs. Physical Custody
It’s important to understand how these decisions are split:
- Legal Custody: The right to make major decisions about the child’s education, health care, and religion. Often awarded jointly unless there’s conflict or abuse.
- Physical Custody: Refers to where the child lives most of the time and who manages day-to-day care.
Parents can have:
- Joint custody (both legal and/or physical)
- Sole custody (one parent, with the other potentially having parenting time)
Parenting Time and Schedules
Even if one parent has primary physical custody, the other is almost always granted parenting time—formerly known as “visitation”—unless there’s a safety concern. The parenting schedule can be:
- Equal (50/50)
- Majority/minority
- Supervised (in cases of abuse, addiction, etc.)
The court encourages customized plans that suit the child’s routine, school schedule, and special needs.
What Can You Do to Strengthen Your Custody Case?
Whether you’re seeking sole custody or aiming for a 50/50 arrangement, here’s how to put your best foot forward:
✅ Stay Actively Involved
Show consistent engagement with your child—school, medical care, meals, extracurriculars, and emotional support.
✅ Document Everything
Keep a record of interactions, missed visitations, texts/emails, and how you’ve contributed to your child’s well-being.
✅ Maintain a Stable Environment
Provide safe, clean, and nurturing housing. Demonstrate your ability to maintain routines, support learning, and offer emotional stability.
✅ Co-Parent Respectfully
Even if the relationship with the other parent is tense, the court values parents who are willing to cooperate and encourage their child’s bond with both parents.
✅ Work with an Attorney
Custody laws are complex. Having an experienced family law attorney helps ensure your rights are protected and that your child’s needs remain at the center of the case.
When to Modify Custody Orders
Life changes—and sometimes custody orders need to as well. If there’s a substantial change in circumstances, such as:
- A parent relocating
- Change in a child’s needs
- Safety concerns
A parent’s refusal to follow the custody order
You may request a modification through the court. At Martine Law, we can help you petition for or defend against such changes with strong legal arguments.
Why Choose Martine Law for Your Custody Case?
Custody battles are more than legal fights—they’re emotional journeys with your child’s future on the line. At Martine Law, we’re here to guide you through with compassion, clarity, and strength.
- Decades of family law experience
- Deep knowledge of Minnesota custody laws
- Dedicated support from start to finish
- Customized strategies tailored to your goals
Your child deserves stability, and you deserve a voice. Let us help you make sure both are protected.
📞 Book a consultation today to get started.