Minnesota Child Custody Lawyer
 

A:        Child custody in Minnesota is based on the best interests of the child.  The thirteen factors are outlined in Minn. Stat. §518.17, subd. 1.  The factors include: 1. The wishes of the child’s parents as to custody; 2.  The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference; 3.  The child’s primary caretaker; 4.  The intimacy of the relationship between each parent and the child; 5.  The interaction of the child with the parent or parents siblings, and others; 6.  The child’s adjustment to home, school, and community; 7.  The length of time the child has lived in the stable environment; 8.  The performance, as a family unit, of the existing or proposed custodial home; 9.  The mental and physical health of all individuals involved; 10.  The capacity of the parties to give the child love, affection, and guidance; 11.  The child’s cultural background; 12.  The effect on the child of the actions of an abuser, if related to domestic abuse; 13.  The willingness of each parent to encourage and permit frequent continuing contact by the other parent with the child. 

In addition courts will often order an evaluation to assist in making a final custody determination, if the parties are unable to agree on custody.

Q:        What is the difference between legal and physical custody?
 

A:        In Minnesota there is a presumption in favor of “joint” legal custody.  Legal custody is the right to determine the child’s upbringing, including education, health care, religious training.  Minn. Stat. §518.003, subd 3(a).  However, Minnesota courts favor “sole” physical custody.  Physical custody is the routine and daily care of the minor child.  Minn. Stat. §518.003, subd 3(c).  The parent who is granted physical custody will have the child living with him or her. 

Q:        What is parenting time/visitation?
 

A:        What was once referred to as “visitation” is now called “parenting time” pursuant to Minn. Stat. § 518.003, subd. 5.  Parenting time is defined as the time a parent spends with a child.  Courts are required to grant time and rights to the noncustodial parent as a way to maintain a relationship between the parent and child.

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