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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.
What “custody” and “parenting time” mean in Minnesota
Under Minn. Stat. § 518.003, subd. 3, “legal custody” means the right to determine the child’s upbringing, including education, health care, and religious training, while “physical custody and residence” means the routine daily care and control and the residence of the child.
“Parenting time” means the time a parent spends with a child regardless of the custodial designation regarding the child.
Source: Minn. Stat. § 518.003
Best-interests factors Minnesota courts must weigh
- Caregiving history: The court must consider the history and nature of each parent’s participation in providing care for the child.
- Parental health: The court must consider any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs.
- Ongoing willingness and ability: The court must consider the willingness and ability of each parent to provide ongoing care for the child; to meet the child’s ongoing developmental, emotional, spiritual, and cultural needs; and to maintain consistency and follow through with parenting time.
- Benefit of time with both parents: The court must consider the benefit to the child in maximizing parenting time with both parents and the detriment to the child in limiting parenting time with either parent.
How the court applies the 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, and may not use one factor to the exclusion of all others.
The court shall not consider conduct of a party that does not affect the party’s relationship with the child.
Parenting time: the minimum presumption and when courts can restrict it
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.
The court may not restrict parenting time unless it finds that parenting time is likely to endanger the child’s physical or emotional health or impair the child’s emotional development, or the parent has chronically and unreasonably failed to comply with court-ordered parenting time.
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.
Proof of an unwarranted denial of or interference with duly established parenting time may constitute contempt of court and may be sufficient cause for reversal of custody.
Source: Minn. Stat. § 518.175
Temporary custody and parenting time orders
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; the court must consider the child’s parenting time with each parent before the pending action commenced.
No temporary order shall deny parenting time to a parent unless the court finds that the parenting time is likely to cause physical or emotional harm to the child.
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 the court must hold that priority hearing within 30 days of the party’s request.
Source: Minn. Stat. § 518.131
When a parent has no contact with a child in foster care
If the court orders a child into foster care, no parent may be denied visitation unless the court finds at the disposition hearing that the visitation would endanger the child’s physical or emotional well-being, is not in the child’s best interests, or is not required under section 260C.178, subdivision 3, paragraph (c) or (d).
Source: Minn. Stat. § 260C.201
Modifying an existing custody order in Minnesota
The court shall not modify a prior custody order unless it finds, upon the basis of facts that have arisen since the prior order or that were unknown to the court at the time of the prior order, 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.
The child’s present environment endangering the child’s physical or emotional health or impairing the child’s emotional development, where the harm likely to be caused by a change of environment is outweighed by the advantage of a change, is one basis on which the court may change the child’s primary residence.
Time limits on bringing a modification motion:
No motion to modify a custody order may be made earlier than one year after the date of the entry of a decree containing a provision dealing with custody, except when the court finds persistent and willful denial or interference with parenting time, or has reason to believe that the child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development.
The one-year and two-year time limitations on modification motions shall not prohibit a motion to modify a custody order or parenting plan if the court finds that there is persistent and willful denial or interference with parenting time, or has reason to believe that the child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development.
Questions people ask about Minnesota child custody
Does Minnesota favor one parent over the other in custody cases?
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, and may not use one factor to the exclusion of all others.
What is the minimum 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.
Can the court look at things I did that have nothing to do with my child?
The court shall not consider conduct of a party that does not affect the party’s relationship with the child.
What happens if the other parent is keeping my child away from me?
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 the court must hold that priority hearing within 30 days of the party’s request. Proof of an unwarranted denial of or interference with duly established parenting time may constitute contempt of court and may be sufficient cause for reversal of custody.
Can the court deny parenting time entirely?
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.
How soon can I ask the court to change a custody order?
No motion to modify a custody order may be made earlier than one year after the date of the entry of a decree containing a provision dealing with custody, except when the court finds persistent and willful denial or interference with parenting time, or has reason to believe that the child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development. The one-year and two-year time limitations on modification motions shall not prohibit a motion to modify a custody order or parenting plan if the court finds that there is persistent and willful denial or interference with parenting time, or has reason to believe that the child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development.
Can I get a temporary custody order 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; the court must consider the child’s parenting time with each parent before the pending action commenced.
What does “legal custody” mean compared to “physical custody”?
Under Minn. Stat. § 518.003, subd. 3, “legal custody” means the right to determine the child’s upbringing, including education, health care, and religious training, while “physical custody and residence” means the routine daily care and control and the residence of the child.
Talk with Martine Law about Minnesota child custody
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