If you are contemplating divorce, or are unmarried and would like to understand how custody of your children would be determined, below we will dive into the specifics of child custody determinations in Minnesota as well as what guidelines are used to influence a Court’s decision.
There are two types of custody labels. Physical custody refers to the day-to-day care of the child and where the child primarily resides. This can be awarded as joint physical custody (awarded to both parents) or sole physical custody (awarded to one parent). Legal custody refers to decision-making for the child. This generally refers to decisions being made about education choices, medical decisions, and religious upbringing. It is presumed that parents can share joint legal custody in Minnesota. Parenting time, on the other hand, is the actual schedule you follow on a day-to-day basis with your child. When people refer to “custody”, often times they actually mean parenting time. In Minnesota, it is presumed that parents are entitled to a minimum of 25% parenting time, which is calculated using overnights.
If a Court or evaluator is forced to make a decision about custody or parenting time, the best interest factors are used. These factors include:
- Physical, emotional, cultural and spiritual needs of a child: Evaluates the child’s physical, emotional, cultural, and spiritual needs, and how the proposed custody arrangements might affect their overall development.
- Special medical, mental health or educational needs of a child: Takes into account any unique medical, mental health, or educational needs of the child, and how these needs may influence the parenting arrangements.
- Reasonable preference of a child: Considers the child’s preference, provided the Court finds the child has the ability, age, and maturity to express an independent, reliable opinion.
- Domestic abuse: Assesses the presence, nature, and context of domestic abuse, along with its implications for the child’s safety, well-being, developmental needs, and parenting.
- Physical, mental health or chemical health issues of a parent: Evaluates the impact of any parent’s physical, mental, or substance-related health problems on the child’s safety and development.
- History and nature of care: Assesses each parent’s history in providing care for the child, not to compare parents but to understand how the child’s needs have been previously met.
- Ability of parents to reliably meet the needs of a child going forward: Considers each parent’s ability and willingness to consistently provide ongoing care that meets the child’s diverse needs in the future.
- Effect on a child of changes to home, school and community: Examines the effects of significant changes in the child’s home, school, and community on their well-being and development.
- Effect on significant relationships of a child: Takes into account how proposed arrangements might influence the child’s ongoing relationships with parents, siblings, and other important figures in their life.
- Benefit to a child in maximizing time or detriment to a child in limiting time: Evaluates the pros and cons for the child of maximizing or limiting parenting time with each parent, with the goal of benefiting the child on a case-by-case basis.
- Disposition of parents to support relationship with the other: Except in cases involving domestic abuse, this assesses each parent’s willingness to foster and maintain the child’s relationship with the other parent.
- Ability of parents to cooperate in rearing their child: Considers the parents’ ability and willingness to cooperate in raising their child, sharing information, minimizing the child’s exposure to conflict, and resolving major life decision disputes.
The Court or evaluator would weigh these factors with your case to make a determination or recommendations on the outcome. Understanding how custody and parenting time works is essential for your case. Contact one of our experienced family law attorneys today for a free consultation.
See Minnesota Statute Section 518.17.
