Child Custody Matters in Minnesota

Joint Legal Custody versus Sole Legal Custody In Minnesota:

Joint Legal Custody: Joint legal custody is presumed to be in the best interest of the child. When parents share joint legal custody, each has equal decision-making authority. Neither parent may independently make decisions impacting the minor child(ren) without the other’s approval. When disagreements arise that cannot be resolved absent court intervention, the first step typically is to attend mediation first. 

Sole Legal Custody: Sole legal custody requires significant demonstration that joint legal custody is not in the best interest of the child. Typically, issues pertaining to domestic abuse, neglect, endangerment, or other considerations gives pause for concern. Sole legal custody is rarely awarded absent extraordinary circumstances. Sole legal custody grants one parent the exclusive authority to make decisions without the other parent’s approval.

Joint Physical Custody versus Sole Physical Custody In Minnesota:

Joint Physical Custody is not automatically presumed in Minnesota (unlike joint legal custody). An award of joint physical custody indicates the child resides with both parents and daily routines are determined equally. Parents may share joint physical custody even if one parent receives less than half of the parenting time.

Sole Physical Custody means the child primarily resides with one parent who manages the daily routine regarding bedtime or other daily chores. The most important issue regarding sole physical custody is the other parent’s ability to increase parenting time from less than equal to equal parenting time. When sole physical custody is granted, modification requests for equal parenting time cannot be made absent significant concern for the custodial parent’s endangerment, neglect, abuse or the non-custodial parent’s demonstration the child has been integrated into their home by agreement of both parents. 

Best Interest of the Child Factors Determines Legal Custody and Physical Custody in Minnesota

In Minnesota, when disputes arise regarding legal custody and physical custody, the court requires the parties demonstrate their ability to cooperatively support the child’s needs. There are twelve criteria parents must demonstrate in support of their respective requests for legal custody and physical custody. The twelve criteria are collectively known as the "best interest of the child factors”. These factors are described in detail in Minnesota Statutes 518.17.  Generally, the factors are meant to help the courts assess the best method to ensure:

• Maintenance of continuity and stability in the child’s home life

• Each parent's ability to provide a nurturing environment

• The child's relationship with siblings or extended family

• The child's preference, if the child is mature enough to express one

• Whether a parent encourages the child’s relationship with the other parent

If significant disagreements arise, a Child Custody and Parenting Time Evaluation or Guardian ad Litem may be necessary. 

How an Experienced Attorney Can Help

An attorney focusing on child custody matters can find creative resolutions geared toward minimizing future litigation while preparing for trial. Often agreements can be reached that address both parties’ concerns by incorporating specific language into an agreement. 

Tiffany Dust is an experienced family law attorney whose understanding of high-conflict matters results in creative problem-solving geared toward setting boundaries while focusing on reduced future litigation. Her balanced approach toward resolution while preparing for trial ensures client’s voices are heard, understood, and represented throughout every stage.