Minnesota Child Custody

How Is Custody Determined in Minnesota?

 

Custody battles can leave people feeling like they’re stuck in a high-stakes puzzle with no clear answer. Luckily, Minnesota law has a pretty clear mission: to protect the child. That’s the one constant in an otherwise overwhelming process.

For parents, this often means stepping back from what feels fair to them and focusing instead on what’s best for their child.

 

What Does "Best Interests of the Child" Actually Mean?

 

Minnesota courts use the ‘best interests of the child’ standard as a lens to evaluate custody, and they don’t stop at broad strokes. Judges work through a set of statutory factors under Minnesota Statutes §518.17. Each decision takes the child’s physical, emotional, and developmental needs into consideration.

 

Some of the key points: Who’s been the child’s main caretaker? How’s the child doing at school and in the community? Can each parent provide a safe, consistent home? Does the child have a strong emotional bond with both parents?

No single factor carries all the weight, and the court isn’t interested in theoretical parenting. Judges want to see how things actually play out.

 

Legal vs. Physical Custody

 

In Minnesota, custody is divided into two parts: legal and physical.

 

Legal custody covers decisions: schooling, religion, and medical care. Parents may share this responsibility or one parent may be granted sole legal custody.

 

Physical custody is about where the child lives and who’s handling the day-to-day. Again, this can be joint or sole. The label has become less important for physical custody.  Parents can share physical custody and still not  have equal parenting time or one parent may have sole custody  and parenting time is substantially equal. What truly matters is parenting schedules that work for the child. 

 

People assume that joint always means 50/50 times, but this is a common misunderstanding. It means shared decision-making or substantial involvement. The court’s priority remains the same as it considers what arrangement truly serves the child’s needs.

 

Do Courts Favor One Parent Over the Other?

 

Not anymore. Minnesota law is gender-neutral. Courts are prohibited from making custody decisions based on a parent’s gender. Gone are the days of automatic deference to mothers or assumptions about father roles.

 

Instead, both parents start on equal footing. From there, the court looks at how each parent supports the child’s well-being and whether they’re willing to support the child’s relationship with the other parent.

 

Biases still exist in the world, but they don’t belong in Minnesota courtrooms.

 

Factors That Matter in Court

 

Custody cases aren’t decided by instinct. They’re built on evidence, and several factors help the court shape the best outcome:

• The child’s relationship with each parent
• The history of care (who’s been doing the hands-on parenting)
• The stability of each home environment
• Each parent’s mental and physical health
• The child’s age and ability to express a preference
• The parents’ ability to work together, not just coexist

One factor often overlooked: a parent’s attitude toward cooperation. Courts reward parents who show they can put their child first—even if it means dealing with someone they’d rather not.

 

What Parents Can Do Right Now

 

The best way to support a custody case? Start parenting like you already have custody.

 

That means sticking to the child’s routine. School, extracurriculars, friendships—all of that matters. It also means communicating clearly with the child and the other parent, even when it’s hard.

 

Judges notice consistency. They notice calm. They notice when a parent is clearly thinking in terms of the child’s life, not their own frustration.

 

You don’t need to win the court over with grand gestures. You need to show a track record of good decisions and a willingness to continue that pattern.

 

Custody doesn’t need to feel like a black box. If you have questions or if you’re unsure how to start, Melchert Hubert Sjodin, PLLP is here to listen. Call (952) 442-7700. Let’s talk through it.