JOHNSON LAW FIRM,P.A.  

Minnesota Child Custody

Minnesota child custody is governed by Minnesota Statutes Section 518.17.   The factors listed in the statute are known as “best interests of the child” standards.  The Court considers evidence that pertains to each factor listed when making a first time child custody order.  Either party has the right to a trial and to present evidence and call witnesses before the Court enters a first time child custody order.  Often times the first Court order is entered based on an agreement between the parties as to custody.  If there already has been a court order in place that awards custody, there is a different legal standard to meet to change custody.  See Minnesota Statute 518.18, often referred to as the “endangerment standard”. 

There are two types of custody the court order must award:  Legal custody and Physical Custody.  Either can be awarded joint to both parties or sole to one parent.

Legal custody – means the right to have a say so in major decisions in a child’s life, such as the place where the children will go to school or major medical and religious decisions.  There is a legal presumption in favor of awarding joint legal custody to both parties, except in cases where there has been found to be domestic abuse.

Physical custody – means with which parent the child is going to live and sleep and the residence of the child.  Unlike legal custody, there is no presumption in favor of joint physical custody or against it.  Parties should be award that if they do agree to joint physical custody, that it does not have to mean “equal” parenting time between the parties.  If joint physical custody is awarded, there should be a specific parenting time schedule also included in the order specifying the days the child will be with each party.   It is on a case to case basis in determining whether joint physical custody is appropriate, it requires cooperation to a high degree between the parties and financial consequences of the amount of child support is a consideration as well.

Final words, in Minnesota, there is never an age at which the child can pick where and with which parent they want to live.   That decision is never delegated by the court to a minor. Parents should keep the children out of the middle of the court case. Children should never be called as a witness regarding "which parent they want to live with" at trial.  Absent special circumstances pertaining to a parent, such as untreated substance abuse issues or untreated mental health issues that have an adverse impact on parenting and the child, the court will try to maximize the time the child will spend with each parent.



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