Who Gets Child Custody In Minnesota?

Understandably, it can be very emotional and challenging to go through a divorce and make decisions that impact your child, such as custody arrangements. Parents often feel uncertain about how often they can see their children or how key decisions will be made. It can also be uncertain for the child, who may need reassurance that both parents will remain involved in their life, providing continued stability and security after the divorce.

During this time, an attorney who has been through the divorce process many times can offer support. At Ed Shaw Law, our seasoned divorce and child custody lawyers can provide the understanding you need to facilitate a child custody agreement that preserves your child’s best interests. We know that the right legal solution can ease your stress and protect your children. Trust us to help you find this solution.

If you would like to arrange a completely free consultation to discuss your child custody concerns, contact us online or give us a call at 800-507-0352.

What Is Child Custody In Minnesota?

Many people assume that a child custody order involves a singular decision made by the court. But it is much more nuanced. There are actually two different types of custody to consider.

First, the court may look at physical custody options. Which parent is the child going to live with? What home are they going to live in? When will exchanges be made if both parents have custody rights? Will the parents use things like visitation rights to keep in contact with their children? Physical custody helps establish where the child lives and gives both parents a schedule so they know when they can see their child.

On top of that, the court must also consider legal custody issues. This type of custody can impact a parent’s right to make decisions for their children, such as where they go to school, what religion they participate in or what type of health care they will receive.

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 when 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.

How Minnesota Courts Determine Child Custody

In Minnesota, child custody decisions are made based on the best interests of the child. The courts consider a broad but comprehensive set of factors to meet the child’s physical, emotional and developmental needs.

How The Best Interests Of The Child Are Determined

Family courts use a set of 12 factors, as outlined in Minnesota Statutes Section 518.17, to determine the best interests of the child. These factors include:

1. The child’s physical, emotional, cultural and spiritual needs: The court evaluates how each parent can meet these needs.
2. Child’s preference: If the child is of sufficient age and maturity, the court will take their custody wishes into account.
3. Primary caretaker: The court considers which parent has been the primary caretaker during the child’s upbringing.
4. Relationship with each parent: The intimacy and quality of the relationship between the child and each parent are assessed.
5. Interaction with siblings and others: The court closely evaluates the child’s relationship with siblings and other significant people.
6. Adjustment to home, school and community: The child’s ability to adjust to home, community and school is considered.
7. Stability of the home environment: The court evaluates the stability and continuity of the child’s living situation.
8. Mental and physical health of all involved: Courts account for the health of the child, parents and other household members.
9. Capacity to provide love, affection and guidance: The court assesses each parent’s ability to provide emotional support and advice.
10. Cultural background. The child’s cultural background and how each parent supports it are considered.
11. Effect of domestic abuse: Any history of domestic abuse by either parent is a critical factor.
12. Each parent’s willingness to support the child’s relationship with the other parent: The court looks at each parent’s receptiveness in facilitating and encouraging a relationship between the child and the other parent.

Courts weigh these factors collectively, with no single one being determinative. The goal is to create a custody arrangement that serves the child’s best interests, ensuring their safety, stability and overall well-being.

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.