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In Minnesota, child custody and visitation, which is referred to as "parenting time," are determined based on the best interests of the child. The court will consider a number of factors when making a decision, and it's generally presumed that both parents should have a role in the child's life.
Minnesota law recognizes two types of custody:
Legal Custody: This refers to the right and responsibility to make important decisions about a child's life, including education, health care, and religious upbringing.
Sole Legal Custody: One parent has the authority to make all major decisions.
Joint Legal Custody: Both parents share the right to make major decisions. There is a rebuttable presumption in Minnesota that joint legal custody is in the child's best interests if one or both parents request it.
Physical Custody: This refers to the right to make decisions about a child's daily routine and where the child lives.
Sole Physical Custody: The child lives primarily with one parent, who is responsible for day-to-day care. The other parent will typically have parenting time (visitation).
Joint Physical Custody: The child lives with both parents at different times, and each parent is responsible for the child's daily care while the child is with them.
Minimum Parenting Time: Minnesota law creates a rebuttable presumption that a child should receive a minimum of at least 25% of their parenting time with each parent. This is often calculated based on overnights.
Parenting Plans: The court often encourages parents to create a specific schedule for regular parenting time, including holidays, vacations, and school breaks. A specific plan helps to avoid future conflicts.
Restriction of Parenting Time: A court may restrict or deny parenting time if it finds that it is likely to endanger the child's physical, mental, or emotional health or safety. This may include supervised visits or other limitations.
Unmarried Parents: If the parents are not married, the mother automatically has sole legal and physical custody of the child until a court orders otherwise. The father must file a paternity and/or custody action to establish his parental rights and gain a legal right to parenting time.
When making a custody and parenting time decision, a judge will consider a list of factors to determine what is in the child's best interests. These factors may include:
The child's and each parent's physical and mental health.
Each parent's willingness and ability to provide ongoing care for the child.
The child's relationship with each parent and the history of each parent's participation in caring for the child.
Each parent's willingness and ability to cooperate in raising the child and to minimize the child's exposure to parental conflict.
The child's reasonable preference, if the court deems the child to be of sufficient age and maturity to express a preference.
The effect of changes to the child's home, school, and community.
Any history of domestic abuse in the family.
Modification of a Parenting Time Order: A parent can seek to modify a parenting time schedule without a specific time limitation.
Modification of a Custody Order: Generally, a custody order cannot be modified unless at least one year has passed since the original order was issued, and there has been a significant change in circumstances that makes the modification necessary for the child's best interests. However, there are exceptions in certain emergency situations.
Child Support and Parenting Time: Child support payments are separate from parenting time. A parent cannot legally deny parenting time because the other parent is behind on child support, nor can a parent stop paying child support because they are being denied parenting time.
