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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, their physical custody, parenting time, and residence, and their support.
What kinds of custody exist in Minnesota?
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.
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.
Physical custody
“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.
There is no presumption for or against joint physical custody.
Joint physical custody does not require an absolutely equal division of time.
Source: Minn. Stat. § 518.003
Source: Minn. Stat. § 518.17
How does the court decide 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 twelve best-interests factors the court must consider include: the child’s physical, emotional, cultural, spiritual, and other needs; any special medical or educational needs; the child’s reasonable preference if of sufficient age and maturity; whether domestic abuse has occurred; any physical, mental, or chemical health issue of a parent affecting the child; each parent’s history of providing care; each parent’s willingness to provide ongoing care; the effect of changes to home, school, and community; the effect on relationships with each parent and siblings; the benefit of maximizing parenting time with both parents; each parent’s disposition to support the child’s relationship with the other parent; and the parents’ willingness to cooperate in the child’s rearing.
The court must make detailed findings on each of the factors based on the evidence presented and explain how each factor led to its conclusions and to the determination of custody and parenting time, and the court may not use one factor to the exclusion of all others.
The court must consider the best interests of the child and must not prefer one parent over the other solely on the basis of the gender of the parent.
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.
Source: Minn. Stat. § 518.17, Subd. 1
Parenting time rights in a Minnesota divorce
In all proceedings for dissolution or legal separation, upon the request of either parent, the court shall grant 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.
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.
A court shall not deny nor restrict a parent’s parenting time or custody due to the parent’s disability; 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.
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.
Relocating out of state
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
Parenting plans
A parenting plan must include a schedule of the time each parent spends with the child, a designation of decision-making responsibilities regarding the child, and a method of dispute resolution.
When both parents request one:
Upon the request of both parents, a parenting plan must be created in lieu of an order for child custody and parenting time unless the court makes detailed findings that the proposed plan is not in the best interests of the child.
The court may not require a parenting plan that provides for joint legal custody or use of dispute resolution processes, other than the judicial process, if the court finds that either parent has engaged in acts of domestic abuse, physical, sexual, or a pattern of emotional abuse of a child, or willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions.
Source: Minn. Stat. § 518.1705
Temporary custody orders while the case is pending
In a proceeding brought for custody, dissolution, or legal separation, either party may request from the court a temporary order for temporary custody and parenting time regarding the minor children of the parties.
While a proceeding is pending, the court must give priority to scheduling and holding an expedited hearing for temporary relief when a party credibly alleges that the party has been denied parenting time with a child for 14 consecutive days or more, and a court must hold a priority hearing within 30 days of the party’s request.
Source: Minn. Stat. § 518.131
Modifying a custody order after the divorce is final
Timing:
Unless agreed to in writing by the parties, 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.
Substance:
The court shall not modify a prior custody order or a parenting plan provision which specifies the child’s primary residence 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.
Questions people ask about child custody in a Minnesota divorce
What is the difference between legal and physical custody?
“Legal custody” means the right to determine 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.
Does the court automatically split time equally if parents share joint physical custody?
“Joint physical custody” means that the routine daily care and control and the residence of the child is structured between the parties. Joint physical custody does not require an absolutely equal division of time.
Will the judge consider what my child wants?
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 twelve best-interests factors the court must consider include: the child’s physical, emotional, cultural, spiritual, and other needs; any special medical or educational needs; the child’s reasonable preference if of sufficient age and maturity; whether domestic abuse has occurred; any physical, mental, or chemical health issue of a parent affecting the child; each parent’s history of providing care; each parent’s willingness to provide ongoing care; the effect of changes to home, school, and community; the effect on relationships with each parent and siblings; the benefit of maximizing parenting time with both parents; each parent’s disposition to support the child’s relationship with the other parent; and the parents’ willingness to cooperate in the child’s rearing.
Does a parent’s disability affect their custody rights?
A court shall not deny nor restrict a parent’s parenting time or custody due to the parent’s disability; 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 I get a temporary custody order before the divorce is finished?
In a proceeding brought for custody, dissolution, or legal separation, either party may request from the court a temporary order for temporary custody and parenting time regarding the minor children of the parties.
What if my co-parent won’t let me see the children during the case?
While a proceeding is pending, the court must give priority to scheduling and holding an expedited hearing for temporary relief when a party credibly alleges that the party has been denied parenting time with a child for 14 consecutive days or more, and a court must hold a priority hearing within 30 days of the party’s request.
How soon can I ask to change a custody order after the divorce?
Unless agreed to in writing by the parties, 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.
What does the court require before it will change an existing custody arrangement?
The court shall not modify a prior custody order or a parenting plan provision which specifies the child’s primary residence 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 your custody situation
Acting early in a custody matter gives you more options and more time to prepare. Martine Law handles divorce and custody cases throughout Minnesota.
Call for a confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.
Prepared by the Martine Law editorial team; sources reviewed October 20, 2026.
