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Who Gets Child Custody In Minnesota?

Child custody decisions are often the most difficult part of any divorce or separation. Custody decisions also factor into other situations — for example, in domestic abuse cases or situations involving unmarried parents.

In Minnesota, there are two types of custody: legal and physical. A single parent may be awarded sole legal custody or sole physical custody, or parents may receive joint custody. In general, courts make custody decisions based on the best interests of the children. If your children are old enough, Minnesota courts may consider their own wishes in making custody decisions.

  • Legal custody gives parents basic parental rights such as participation in major decisions (even if the child does not live with you) and access to basic information about the child, including medical and school records. In most cases, joint legal custody is awarded to both parents, but there are some situations in which legal custody will be awarded to only one parent.
  • Physical custody determines where the child resides. There are three possible physical custody situations: sole physical custody with one parent, sole physical custody with the other parent or joint physical custody. Joint physical custody generally involves equal time with each parent. In most cases, physical custody is only awarded to one parent, but courts are increasingly willing to award physical custody to both parents.

Caring Guidance Through Custody Determinations

The child custody attorneys at Ed Shaw Law know how important custody determinations are. We are here to make difficult family law matters as easy as possible for both your children and you, the parents or guardians. You can trust us to answer your questions and guide you through this difficult journey with attention and care.

Call Us For A Free Consultation

You do not need to face emotional child custody cases on your own. To learn more about how we can help you and your children, please call us at 218-825-7030 or send us a message online. Our lawyers offer free consultation over the phone or at one of our family-friendly offices in Brainerd and St. Cloud.