Child Custody Matters in Minnesota

Legal Custody in Minnesota

Legal custody refers to a parent’s right and responsibility to make major life decisions on behalf of the child(ren). The decisions include issues related to:

  • Education: Where the child goes to school, whether they receive special education services, or whether to homeschool.

  • Medical care: Consent to doctors, vaccines, treatments, surgeries, mental health treatment, dental care, or other important health-related decisions.

  • Religion: Determining the child’s participation in religious practices or choosing a faith tradition.

  • Extracurricular activities: Decisions about which sports, arts, or enrichment activities the child should participate in.

Joint Legal Custody versus Sole Legal Custody:

  • Joint Legal Custody In Minnesota, it is presumed to be in the best interest of the child for both parents to make decisions on their behalf equally absent evidence weighing heavily against a parent. Under joint legal custody, both parents share equal authority in making important decisions regardless if the child resides primarily with one parent.

  • Sole Legal Custody gives one parent the exclusive authority to make these decisions. Courts in Minnesota may consider significant issues that permit an award sole legal custody if:

    • There’s a history of domestic violence or abuse and it is not in the best interest of the child for both parents to maintain joint legal custody

    • The parents have an extremely high-conflict non-co-parenting relationship if a parent is not cooperating with decisions that jeopardize the best interest of the child

    • One parent has been absent or disengaged from the child’s life, the court may provide phased-in opportunities for the parent to earn legal custody if it finds it is in the best interest of the child

Considerations for Legal Custody

Joint legal custody requires active communication geared toward timely decision-making. Parents are expected to put aside differences for the purpose of collaborating together for their child(ren)—either directly or through co-parenting applications for neutral communication designed specifically for parenting-related purposes only in a safe and less hostile environment.

Conflicts can arise when parents disagree on education, medical care, or religious practices. In such cases, mediation or court intervention may be necessary to resolve disagreements.

Physical Custody in Minnesota: The Child’s Residence and Daily Routine

Physical custody pertains to the home in which the child resides, which may be important for school enrollment when open enrollment is not an option for example. Physical custody also relates to the day to day routine decisions such as:

  • Morning routines

  • Preparing meals

  • Managing bedtime routines

  • Transportation to school and activities

  • Handling homework and discipline

Joint vs. Sole Physical Custody

  • Joint Physical Custody means the child lives with both parents. This doesn’t necessarily imply parents share equal parenting time. From the legal standpoint, it means both parents have equal input on what happens during their own parenting time. Parents may share joint physical custody even if one parent receives less than half of the parenting time.

  • Sole Physical Custody means the child primarily resides with one parent. Generally, an award of sole physical custody does not mean the parent dictates the other’s parenting time or daily routines however. Generally, it is presumed both parents can manage wake-up routines and bed-time routines independently. If disputes arise, often parents are directed to attend mediation for resolution of the issues.

Factors Courts Consider When Awarding Physical Custody

Minnesota emphasizes the best interest of the child as a standard in awarding physical custody (and legal custody). There are twelve (12) best interest of the child factors to consider. Generally, the concerns surround the child’s physical, emotional, mental, cultural, and developmental needs, as well as each parent's ability to meet those needs. Other considerations include:

  • Continuity and stability in the child’s home life

  • Each parent's ability to provide a nurturing environment

  • The child's relationship with siblings or extended family

  • The child's preference, if the child is mature enough to express one

  • Whether a parent encourages the child’s relationship with the other parent

In high-conflict custody cases, the court may consider Parenting Time Evaluations, Custody Evaluations or Guardian ad Litem to better understand family dynamics before issuing a custody decision especially where domestic abuse, mental health, chemical dependency, and/or other endangerment issues are raised.

Understanding the Relationship Between Legal and Physical Custody

In Minnesota, legal custody and physical custody are independent of one another. A parent can have:

  • Joint legal custody but sole physical custody, meaning both parents make major decisions together, but the child primarily lives with one parent.

  • Sole legal custody but joint physical custody, which is less common, but grants decision making to one parent while maintaining equal residency.

How an Experienced Attorney Can Help

An attorney focusing on child custody matters understands challenges around legal and physical custody while providing strategic legal guidance to ensure your rights are heard and understood. However, often these matters involve significant resources when high-conflict issues are present. With experience in complex custody cases, a knowledgeable divorce lawyer can:

  • Advocate for child custody and parenting time that prioritizes the best interest of the child.

  • Carefully explains your narrative/story by incorporating legal principles and laws in support of your reasons for your proposal as a foundation for the best outcome possible.

  • Defends against allegations and ensure your side of the story is heard.

Whether you are knee-deep in a child custody dispute or starting fresh and wish to seek further guidance, please contact us today to schedule a consultation to determine best strategies moving forward.

If this does not apply to you, please review our other services.

Below is a list of other matters we assist with:

Child Custody

  • Child Custody Modification

  • Child Custody Disputes

  • Child Custody Resolution

  • Relocation within Minnesota

  • Relocation (Move Away) to Another State

  • Parenting Time Disputes

  • Parenting Time Resolution

  • Decision Disputes

Order For Protection and Harassment Restraining Order

  • Order For Protection

  • Harassment Restraining Order

  • No Contact Order

In Minnesota, child custody includes legal custody and physical custody. Both terms are often misunderstood or used interchangeably, but each plays a distinct and vital role in defining parental responsibilities from the legal standpoint. Legal custody pertains to key decision making including educational decisions, medical decisions, mental health treatment decisions, religion, and other important decisions involved with the child’s upbringing. Physical custody, once was considered a critical component of the child’s upbringing, plays less of an important role today. Physical custody generally determines residency of the child and can be important for request for modification of child custody in general.

Both legal custody and physical custody are determined using the best interest of the child standard. The best interest of the child standard incorporates twelve factors for the court’s consideration in awarding legal custody and physical custody. The twelve best interest of the child factors incorporate issues surrounding the child’s needs regarding physical, mental, safety, cultural, religious, family relationships, ability to co-parent, and other concerns.