Child custody can be one of the most difficult (and at times contested) issues that people involved in the family court system are forced to confront.  Normally, parents work together to make decisions for their children.  But, when that cooperation breaks down, courts are required to make the decisions for them – or, at the very least, to make decisions about who will make the decisions.  And that decision (deciding who gets to be the “decider”) is made by the court based upon thirteen “best interests” factors set forth in Minnesota Statutes Section 518.17.  The specific factors are listed below, under “Determining Child Custody.”

But, before it makes sense to talk about how the court decides who gets to be the “decider,” you need to know what has to be decided.  And under Minnesota law, there are two types of custody that must be decided in every case – legal custody and physical custody.

Physical & Legal Custody Of The Child

Minnesota law defines “legal custody” as the right to determine the child’s upbringing, including education, health care, and religious training.  Upon the request of either party, the law presumes that the court will award the parents joint legal custody of the child.  This means that the parents will have equal rights and responsibilities in making the major decisions in the child’s life related to education, health care, and religious categories.  However, this presumption does not apply in cases where there has been domestic abuse between the parents.

The law defines “physical custody” as the routine daily care and control and residence of the child.  This is the type of custody that most people think of when they talk to friends or family about child custody issues.  Minnesota law does not presume any particular type of physical custody designation.  Sometimes, one parent is awarded sole physical custody.  Other times, the parties are awarded joint physical custody.  The decision is made by the court on a case by case basis.

The “physical custody” label is often confused with the concept of “parenting time.”  They are distinct concepts in the law.  The custody designation has no effect on the amount of time or the type of access a parent may have with the child.  For more information on the difference between these two concepts, please see “Parenting Time.”

Determining Child Custody

No two child custody cases are the same, which is why it is important to have an experienced family law attorney on your side if your case involves a child custody dispute.  In deciding how to award legal and physical custody, courts use the “best interests of the child” standard.  This phrase has a specific meaning under Minnesota law.  It refers to the thirteen factors set forth in Minnesota Statutes Section 518.17.  These factors are:

• The wishes of the child’s parent or parents as to custody;
• The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;
• The child’s primary caretaker;
• The intimacy of the relationship between each parent and the child;
• The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child’s best interests;
• The child’s adjustment to home, school, and community;
  • The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
  • The permanence, as a family unit, of the existing or proposed custodial home;
  • The mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;
  • The capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion or creed, if any;
  • The child’s cultural background;
  • The effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and
  • Except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

No one single factor is determinative.  The Court considers all of the factors in determining what custodial designation is in the best interests of the child.

Joint Custody Cases

When one (or both) of the parties requests joint legal or joint physical custody of the minor children, the Court also considers the following factors in addition to those set forth above:

• The ability of the parents to cooperate in the rearing of their children;
• Methods for resolving disputes regarding any major decision concerning the life of the child, and the parents’ willingness to use those methods;
• Whether it would be detrimental to the child if one parent were to have sole authority over the child’s upbringing; and
• Whether domestic abuse, as defined in section 518B.01, has occurred between the parents.

Minnesota Child Custody Attorney

Child custody disputes can be stressful and time consuming.  You may need to undergo a custody evaluation or work with a court-appointed Guardian ad Litem.  It is our goal to make sure that you get the best outcome possible when it comes to child custody.  Regardless of your situation, we can help.  Stop by our office, located at 6800 France Avenue South, Suite 125, Edina, Minnesota, or call us at 952-345-8004, or fill out a contact form on the side of this page.

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Have questions? Feel free to contact Gadtke & Beyer, LLC today. We offer free consultations to all potential clients - call today at 952-345-8004.