Child Custody

In Minnesota, child custody is granted to one parent or the other based upon a consideration of the best interests of the child or children. This includes a variety of factors, including which parent is the child's primary caretaker, which parent has the closest relationship with the child, the child's adjustment to home and school, the mental and physical health of the individuals involved, and other factors. The court can also consider the preference of the child, if it considers the child mature enough to express a preference.

In Minnesota, physical custody refers to the child's main residence. Physical custody can be joint, meaning that it is shared equally by both parents, or physical custody can be granted exclusively to one parent.

In Minnesota, legal custody refers to the right of one or both parents to have a say in major decisions that affect a child, mainly in the areas of education, religion, and health care. In Minnesota, there is a presumption that legal custody should be joint, but this presumption can be overcome in some circumstances.