Minnesota Child Custody: Key Questions

Who Will Get Custody of Our Child(ren)?

Determining child custody is a complex process without set rules for who will automatically gain custody. Minnesota courts consider multiple statutory factors to decide on custody arrangements, always prioritizing the child's best interests.

Understanding Joint vs. Sole Custody

Legal custody involves the right to decide on a child’s education, health, and religion. Joint legal custody allows both parents to make these important decisions, with disputes potentially resolved via family court or mediation. Sole legal custody, however, gives decision-making authority primarily to one parent. Physical custody defines where a child lives. Joint physical custody involves the child spending fairly equal time with both parents, while sole physical custody means the child resides primarily with one parent. Recognizing these distinctions is crucial to understanding the custody setup that may best suit your family's needs.

Child Support in Shared Custody

Child support in Minnesota considers both parents' gross incomes, daycare costs, and insurance expenses, along with parenting time percentages. 

Parenting Time  and Child Support Payments

It's important to note that child support payments and parenting  time  rights operate independently. One parent cannot deny visitation due to unpaid child support, ensuring that children maintain their relationships with both parents regardless of financial disputes. there is a presumption under Minnesota law to maximize parenting time with each parent and that each parent should have at least 25% of the parenting time based on overnight visits or some other parenting time equivalent. 

Child's Wishes 

While a child’s preference on living arrangements is considered by the courts, there isn't a fixed age at which a child decides who to live with. The Courts will start listening to children when they are deemed to have reached a suitable age and maturity lever. Often that is around the age of 11 or 12 years old.  Greater weight may be given to the desires of older children and there are practical considerations when older teenagers have strong opinions on parenting time. 

Developing and Modifying Parenting Plans

Creating a comprehensive parenting plan is fundamental for outlining how parenting time and responsibilities are divided. Modifications to these plans can be made when they align with the child's best interests, although major changes need justification of substantial circumstance changes.

Legal Processes and Emergency Orders

If parents can't agree on custody, a court may conduct a custody evaluation.  Ultimately, if the case cannot be resolved by agreement, there must be a trial to a Judge.   

 

For urgent matters, ex parte orders can provide immediate court intervention without prior notice to the other party—essential in emergencies where a child’s wellness is at risk. Navigating these complex family law issues requires careful consideration of various legal factors and proactive planning to ensure the arrangement works best for your child. For more specific guidance aligned to your unique situation, seek professional legal advice.