Under Minnesota law, there are two types of child custody:

“Legal custody” refers to the right to make decisions about how to raise the child, including decisions about education, health care, and religious training.

“Physical custody” refers to the right to make decisions about the routine day-to-day activities of the child and where the child lives.

Depending on several factors, parents may share custody which is called “joint custody.” If only one parent has full custody, that is called “sole custody.”

“Joint legal custody” means that both parents share the responsibility for making decisions regarding how to raise the child, including the right to participate in major decisions about the child’s education, health care, and religious training. “Joint physical custody” means that the routine daily care and control and the residence of the child is structured between both parents.

There is also the possibility of different combinations of custody of a minor child. For example, both parents might have joint legal custody but only one parent may have sole physical custody.

Generally, to have your child custody issues decided by a judge in Minnesota, the child must have lived in Minnesota with a parent or a person acting as a parent for at least six (6) consecutive months (180 days) before starting the court proceeding. There are exceptions for emergencies.

When considering a petition for custody, Minnesota courts consider what is in the best interest of the child(ren). These best interest factors are established in Minnesota Statute 518.17 and are available to review here.

If you live in Minnesota but your child lives with the other parent in another state, your case may be more complicated. We recommend that you consult with a lawyer experienced in custody matters about where you may be able to file your custody case or modify an existing custody order.

When parents are separated, the court usually wants both parents to be involved in the child’s or children’s lives if doing so is in the best interest of the child or children. The parent who does not have custody of the children usually gets parenting time. Parenting time is formerly referred to as "visitation."

Parenting time is ordered by the court so that the child and the parents have the opportunity to maintain a relationship. Factors influencing parenting time orders include, but are not limited: the child’s age, the child’s safety, and the child’s past relationship with the parents.

Parents can agree to change parenting time but, if the parents don’t agree, a parent can petition the court to change parenting time if it is best for the child. If a custodial parent states that parenting time puts them or the child in danger, there must be a hearing, usually expedited.

Enforcing a parenting time order can be hard, especially if the child is older and does not want to see the other parent. But a parenting time court order can be enforced until the child turns 18.

A “paternity” legal proceeding is the process of determining the legal father of a child. Once the legal father has been determined, they have an obligation to support the child financially and the right to petition the Court for custody and/or parenting time. In Minnesota law, the unmarried mother has sole custody unless a Court issues a custody order indicating otherwise.

The process of determining paternity has several components and important time frames including completion of the “Recognition of Parentage Form”, “Minnesota Father’s Adoption Registry” and a host of legal factors related to petitioning for custody and/or parenting time.

Minnesota has common and statutory laws that allow grandparents the ability to seek visitation and even custody, both of which can be complicated partly because the State sees grandparent visitation as an extension of the parent’s rights. Furthermore, it can be difficult for a grandparent to seek visitation time if the child’s parents object. However, there may be circumstance that allow grandparents to gain visitation, even sometimes custody, due the circumstances of the case. These circumstances typically include:

The grandparent’s child, which is the parent of the child in question, is deceased.

The grandparent has been the primary caretaker of the child for at least 12 months and they are now seeking custody.

The court will look at all factors, including what is in the best interest of the child.