What does Child Custody mean?
There are two types of custody in Minnesota: legal custody and physical custody.
Legal custody refers to the right to make major decisions regarding the child's upbringing, including decisions related to education, health care, and religious upbringing. In most cases, the court will award joint legal custody to both parents, which means that both parents have an equal say in major decisions regarding the child's upbringing.
Physical custody refers to where the child will live. The court may award sole physical custody to one parent, or joint physical custody to both parents. In cases of joint physical custody, the child will spend significant time with both parents, and the parents will share the responsibility of making decisions regarding the child's day-to-day care. In recent years, the designation of sole or joint custody for physical custody doesn’t matter much. If one parent is awarded sole custody but there is a parenting time schedule signed by the Judge stating that the other parent will receive their designated days with the child, then that determination doesn’t change the visitation rights of the parent.
In Minnesota, child custody is determined based on the best interests of the child. The court considers several factors when making a custody determination, including:
The child's physical, emotional, and developmental needs.
The child's relationship with each parent.
The ability of each parent to provide for the child's needs, including emotional and financial support.
The child's preferences, if they are old enough to express them.
The mental and physical health of each parent.
Any history of domestic abuse or violence by either parent.
The geographic location of each parent's home.
Minnesota also recognizes the importance of maintaining a strong relationship between the child and both parents, even in cases where one parent is awarded sole physical custody. The court may order parenting time, also known as visitation, to ensure that the non-custodial parent has regular contact with the child.
If parents are unable to reach an agreement on custody and visitation, the court will make a decision based on the best interests of the child. It is important to note that custody arrangements can be modified if circumstances change in the future.