Frequently Asked Questions About Minnesota Child Custody

Questions About Child Custody in Minnesota

What is the difference between legal and physical custody?

When people refer to child custody, they usually are referencing legal custody. Legal custody provides a parent (or both parents) the power to make major decisions about their child’s education, medical care, and religion. These decisions can have major impacts on a child’s upbringing and development.

Physical custody, on the other hand, typically refers to the primary residence of a child. However, this term means considerably less than legal custody, because even if one parent has sole physical custody of a child, the other parent may have considerable parenting time. Even if a parent has physical custody, the parenting time schedule for the child controls which parent the child is with.

What is the difference between joint custody and sole custody?

Just like it sounds, joint custody means that parents share custodial decisions. This is particularly important when parents share joint legal custody, meaning that they both have a say in making major medical, educational, and religious decisions for the child. This is one of the most common areas of dispute in Minnesota child custody cases, and can result in lengthy litigation if parents disagree on what is best for their child.

Can my child decide to live with me?

Generally speaking, no. However, as a child increases in age, the court gives the child’s preference more weight in the decision-making process. Usually the court will not consider a child’s preference at all until around the age of fourteen, but will begin to give more credit to that preference after that point.

What happens if we can’t agree on custody?

If parents cannot agree on custody of their child, the court will make that decision after a trial. There are many options to attempt to resolve this prior to a trial, however, including entering mediation, participating in a social early neutral evaluation, or even having a custody evaluation done. However, if none of these routes are effective, ultimately a Minnesota judge will decide on the child custody arrangement.

What is visitation?

Visitation is another word for what Minnesota law refers to as “parenting time.” This basically means the time that each parent can have with the child.

What is a child custody trial?

At a Minnesota child custody trial, both parents will present evidence and testimony as to what they believe is in the best interests of the child. Both parents will be expected to follow the Minnesota Rules of Evidence and all procedures required by Minnesota law. A child custody trial can often take more than one day, and can involve numerous witnesses from both sides.

Do grandparents have custody rights?

The short answer to this is no. However, in some unusual circumstances, grandparents or other third-parties may be able to obtain custody or parenting time rights.

Does domestic abuse play a role in child custody?

Yes, whether or not domestic abuse has occurred can play a major role in child custody matters. In fact, if there has been domestic abuse, the abused party is often awarded sole legal custody of the child. Additionally, a parent who has been abused may seek an order for protection or other restraining order against the abuser, something that can play a major role in how parenting time is facilitated.