Understanding Child Custody in Minnesota
In Minnesota, child custody involves both legal custody (decision-making rights about education, medical care, and upbringing) and physical custody (where the child lives). Custody decisions are made according to Minnesota Statutes § 518.17, which requires judges to determine what arrangement serves the best interests of the child.
You can read more about the basics of custody arrangements on our Minneapolis child custody lawyer page.
The Role of a Child’s Preference in Custody Cases
While a child’s preference can be considered in custody cases, Minnesota does not give children full authority to choose where they live. Instead, their wishes are one factor in the court’s decision-making process.
Courts look at:
- The child’s maturity level and ability to understand the situation
- Whether the child’s choice is influenced by one parent
- How the preference fits with the child’s overall best interests
At What Age Can a Child Decide?
There is no specific age in Minnesota law where a child can decide which parent to live with. However:
- Judges tend to give more weight to the opinions of older children (around 12 and up).
- Very young children’s preferences are usually not a determining factor because of limited maturity.
This is different from some states that set a specific age. In Minnesota, it’s always evaluated on a case-by-case basis.
Best Interests of the Child Standard
The court’s primary focus is the best interests of the child, which can include:
- Stability and continuity in home life
- The child’s relationship with each parent
- The mental and physical health of everyone involved
- The child’s educational and social needs
You can find the full list of factors in the Minnesota Judicial Branch custody guidelines, which is a government resource outlining how decisions are made.
How Judges Weigh a Child’s Preference
A child’s opinion may carry significant influence if:
- They are a teenager with strong reasoning for their choice
- They articulate their reasons clearly without pressure from either parent
- Their preference aligns with other best-interest factors
However, even a strong preference won’t override concerns about safety, stability, or the child’s welfare.
Modifying Custody Based on a Child’s Wishes
In Minnesota, custody can be modified if there’s a material change in circumstances and the change serves the child’s best interests. A child expressing a strong and sustained desire to live with the other parent can be part of this process.
To learn more about modifications, see our guide on changing a custody order in Minnesota.
When a Guardian ad Litem Is Involved
In contentious cases, the court may appoint a guardian ad litem (GAL) to investigate and make recommendations. The GAL will:
- Interview the child privately
- Assess whether the child’s preference is genuine
- Report findings to the court
This helps ensure that the child’s voice is heard in a safe, unbiased way.
Why Legal Guidance Is Critical
Navigating a custody case where a child has expressed a preference can be challenging. Parents often misinterpret how much weight the court will give to the child’s choice.
At Martine Law, our Minneapolis custody attorneys can:
- Help present your child’s wishes appropriately in court
- Gather supporting evidence that aligns with the best interests standard
- Protect your parental rights while prioritizing your child’s well-being