In Minnesota, the parties or the court must decide custody, parenting time, and child support during a dissolution proceeding involving minor children. In Minnesota, there are two types of custody: legal custody and physical custody. Minnesota courts determine custody by applying the “best interest factors” as defined by Minnesota Statutes, section 518.17. Every state has its own definitions of custody and custody labels, and understanding what these terms mean is important before agreeing to custody labels or proceeding through the court process.
Legal Custody
Legal custody means making major life decisions regarding the upbringing of your minor child. Education, medical treatment (generally non-emergency health care), and religious upbringing are major life decisions.
The following are some examples of legal custody decisions:
- Authorizing medical treatment, care, and surgery
- Deciding on medical providers, doctors, and clinics
- Deciding on school registration or enrollment in a particular school district
- Enrolling the child in private school vs. public school
- Parental consent to extra-curricular activities
- Authorizing a child to obtain a driver’s license
- Raising the child in a particular religion
- Enrolling the child in a religious education classes
Sole Legal Custody vs. Joint Legal Custody
It is possible to have sole or joint legal custody in Minnesota (also referred to as “shared” custody).
- “Sole legal custody” refers to the right of one parent to make decisions regarding the minor child without consulting the other parent. Parent with sole legal custody does not have to ask the other parent’s permission or notify the other parent of any such decision.
- “Joint legal custody” means that both parents should be involved in major life decisions with their children, and that they each have an equal right and responsibility to participate. In Minnesota, joint legal custody is presumed to be in the best interest of the minor child(ren), and both parents are expected to make these decisions together. The court will not order joint legal custody, however, if there has been domestic abuse between the parents.
Physical Custody
The physical custody of a minor refers to his or her residence, daily care, and control. Physical custody usually refers to which parent the child(ren) will reside with most of the time and on a day-to-day basis. A child’s physical custody is different from their parenting time, which usually refers to a schedule.
The children’s schedules, the parties’ schedules, transportation, and where the children will sleep can all be discussed during parenting time.
Sole Physical Custody vs. Joint Physical Custody
In Minnesota, physical custody can also be either sole or joint.
- “Sole physical custody” is typically defined as having the child(ren) live primarily with one parent on a daily basis. Despite not being awarded sole physical custody, the non-custodial parent may still be granted parenting time, including overnight parenting time.
- A joint physical custody arrangement means both parents will care for the children every day. Joint physical custody does not always imply equal parenting time schedules.
The following are examples of joint physical custody:
- An equal 50-50% parenting time schedule
- Summers with one parent and the school year with the other parent
- Four days per week with one parent and the other three days with the other parent
- A 5-2-2-5 schedule, where the children rotate five days per week with Parent 1 and two days per week with Parent 2, and then two days the next week with Parent 1 and five days with Parent 2
- A week-on-week-off parenting time schedule
- A 60-40% parenting time schedule, 70-30% parenting time schedule, etc.
The court will consider the following factors when assessing joint physical custody:
- The ability of the parents to cooperate in rearing their children
- The parent’s methods for resolving disputes regard major decisions about the child(ren)’s lives, and the other parent’s 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
- Whether domestic abuse has occurred between the parties.
Currently, there is no presumption in Minnesota that parents should share physical custody of their minor children. A party who is seeking joint physical custody of a minor child must prove that the parties can co-parent and cooperate in raising the child(ren) and resolving disputes related to the child.