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Upon adjudging the nullity of a marriage, or in a dissolution or separation proceeding, or in a child custody proceeding, the court shall make such further order as it deems just and proper concerning the legal custody of the minor children of the parties that shall be sole or joint; their physical custody, parenting time, and residence; and their support.
What legal and physical custody mean
“Legal custody” means the right to determine the child’s upbringing, including education, health care, and religious training.
“Joint legal custody” means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child’s upbringing, including education, health care, and religious training.
“Physical custody and residence” means the routine daily care and control and the residence of the child; “joint physical custody” means that the routine daily care and control and the residence of the child is structured between the parties.
Source: Minn. Stat. § 518.003
How the court decides custody: the best-interests standard
In evaluating the best interests of the child for purposes of determining issues of custody and parenting time, the court must consider and evaluate all relevant factors.
The court must make detailed findings on each of the best-interests factors based on the evidence presented and explain how each factor led to its conclusions and to the determination of custody and parenting time.
The court must not prefer one parent over the other solely on the basis of the gender of the parent.
The court shall not consider conduct of a party that does not affect the party’s relationship with the child.
Joint custody: when the court orders it and when it does not
On joint legal custody:
The court shall use a rebuttable presumption that upon request of either or both parties, joint legal custody is in the best interests of the child.
On joint physical custody:
There is no presumption for or against joint physical custody, except as provided in the domestic abuse clause.
Parenting time during and after the divorce
In all proceedings for dissolution or legal separation, the court shall, upon the request of either parent, grant such parenting time on behalf of the child and a parent as will enable the child and the parent to maintain a child to parent relationship that will be in the best interests of the child.
When safety is at issue:
If the court finds, after a hearing, that parenting time with a parent is likely to endanger the child’s physical, mental, or emotional health or safety or impair the child’s emotional development, the court shall restrict parenting time with that parent as to time, place, duration, or supervision and may deny parenting time entirely, as the circumstances warrant.
Source: Minn. Stat. § 518.175
Temporary custody orders while the case is pending
In a proceeding brought for custody or dissolution, either party may request from the court a temporary order for temporary custody and parenting time regarding the minor children of the parties, pending the final disposition of the proceeding.
Source: Minn. Stat. § 518.131
Moving out of state with the children
The parent with whom the child resides shall not move the residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree.
Source: Minn. Stat. § 518.175
Criminal history and custody requests
If a person seeking child custody or parenting time has been convicted of a crime described in section 518.179, subdivision 2, the person seeking custody or parenting time has the burden to prove that custody or parenting time by that person is in the best interests of the child.
If the victim of the crime was a family or household member, the standard of proof is clear and convincing evidence, and a guardian ad litem must be appointed in any case where section 518.179 applies.
Source: Minn. Stat. § 518.179
Guardian ad litem: when the court appoints one
In all proceedings for child custody or for dissolution or legal separation where custody or parenting time with a minor child is in issue, the court may appoint a guardian ad litem to represent the interests of the child.
If the court has reason to believe that the minor child is a victim of domestic child abuse or neglect, the court shall appoint a guardian ad litem in any proceeding for child custody or marriage dissolution where custody or parenting time is an issue.
Source: Minn. Stat. § 518.165
Questions people ask about child custody in a Minnesota divorce
What does legal custody cover, and what is joint legal custody?
“Legal custody” means the right to determine the child’s upbringing, including education, health care, and religious training. “Joint legal custody” means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child’s upbringing, including education, health care, and religious training.
What is physical custody in Minnesota?
“Physical custody and residence” means the routine daily care and control and the residence of the child; “joint physical custody” means that the routine daily care and control and the residence of the child is structured between the parties.
Is there a minimum amount of parenting time each parent gets?
In the absence of other evidence, there is a rebuttable presumption that a child must receive a minimum of at least 25 percent of the parenting time with each parent.
What happens if domestic abuse occurred between the parents?
The court shall use a rebuttable presumption that joint legal custody or joint physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents.
Can unmarried parents go through the same custody process?
In any custody or parenting time proceeding involving unmarried parents, the court shall consider section 518.175 and evaluate all relevant factors in section 518.17, subdivision 1, to determine the best interests of the child, and the fact that the parents are not or were never married to each other shall not be determinative of custody and parenting time.
Can a parent’s disability affect their custody or parenting time?
A court shall not deny nor restrict a parent’s parenting time or custody due to the parent’s disability alone; a party raising disability as a basis for denying or restricting parenting time has the burden to prove by clear and convincing evidence that a parent’s specific behaviors during parenting time would endanger the health or safety of the child.
Can custody be changed after the divorce is final?
No motion to modify a custody order or parenting plan may be made earlier than one year after the date of the entry of a decree of dissolution or legal separation containing a provision dealing with custody, unless persistent and willful denial or interference with parenting time has occurred, or the child’s present environment may endanger the child’s physical or emotional health. The court shall not modify a prior custody order unless it finds that a change has occurred in the circumstances of the child or the parties and that the modification is necessary to serve the best interests of the child.
Talk with Martine Law about child custody in your Minnesota divorce
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