Legal custody is the right to make important decisions for the child, including decisions about education, health care, and religion. Physical custody is the right to make decisions about the routine day-to-day activities of the child(ren) and where the child(ren) lives.
Child custody and parenting time issues are decided in many situations throughout the life of the child. Some of these situations include when married parents file for a divorce, unmarried parents have signed a Recognition of Parentage file a custody action, in court actions to determine paternity, in domestic abuse situations, and when a child lives with a third-party custodian. (and other reasons)
Custody is determined based upon several factors referred to as the best inter factors. There are twelve best interest factors that are utilized to determine the best placement for the child and the amount of visitation for the custodians.
The best interest factors for Minnesota child custody are as follows (statute 518.17):
- A child’s physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child’s needs and development;
- Any special medical, mental health, or educational needs that the child may have that may require special parenting arrangements or access to recommended services;
- The reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference;
- Whether domestic abuse, as defined in section 518B.01, has occurred in the parents’ or either parent’s household or relationship; the nature and context of the domestic abuse; and the implications of the domestic abuse for parenting and for the child’s safety, well-being, and developmental needs;
- Any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs;
- The history and nature of each parent’s participation in providing care for the child;
- The willingness and ability of each parent to provide ongoing care for the child; to meet the child’s ongoing developmental, emotional, spiritual, and cultural needs; and to maintain consistency and follow through with parenting time;
- The effect on the child’s well-being and development of changes to home, school, and community;
- The effect of the proposed arrangements on the ongoing relationships between the child and each parent, siblings, and other significant persons in the child’s life;
- The benefit to the child in maximizing parenting time with both parents and the detriment to the child in limiting parenting time with either parent;
- Except in cases in which domestic abuse as described in clause (4) has occurred, the disposition of each parent to support the child’s relationship with the other parent and to encourage and permit frequent and continuing contact between the child and the other parent; and
- The willingness and ability of parents to cooperate in the rearing of their child; to maximize sharing information and minimize exposure of the child to parental conflict; and to utilize methods for resolving disputes regarding any major decision concerning the life of the child.
If you find yourself in a custody matter or would like assistance filing a custody or visitation matter, please reach out to our office at 320-532-7798 and complete an intake. You will also be asked to complete a questionnaire at that time. Questionnaire