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Child Custody in Minnesta

Child custody in Minnesota is awarded on the best interests of the child, based on the parents’ and the child’s wishes. Often the Minnesota courts will order joint custody. Minnesota judges have a great deal of discretion in issuing child custody rulings and will look at the totality of the circumstances before reaching a decision.

Under Minnesota law, as part of the judge’s discretion in deciding child custody, the judge can look at such factors as safety of the child, where the child would live, who is going to be able to watch the child and, depending on the age of the child, where the child wishes to live.

Child custody is an extremely important and often emotional issue faced by many parents in Minnesota.

Other Parental Rights

Notice must be given to both parents of various rights they retain after divorce, especially that they have the right to (1) obtain certain education, health, and religious records of the child, and (2) attend school conferences, unless a court waives the right to protect the parent’s or child’s welfare. Minn. Stat. §§ 120A.22, subd. 1a; 518.17, subd. 3

Parenting Plans

Upon the request of both parents or a court’s own motion, a parenting plan must be created in lieu of a traditional custody and parenting time order, unless the court finds that the plan is not in the child’s best interests. A parenting plan must include: (1) a schedule for the time each parent spends with the child; (2) a designation of decision-making responsibilities; and (3) a method to resolve disputes. A plan may also include other issues and matters that the parents agree to regarding the child. Minn. Stat. § 518.1705

Custody Services

Minnesota Parenting Time Attorney

If a custody agreement cannot be reached between the parties, one or both parties can request the court to order an investigation and report concerning custodial arrangements for the child. This investigation will attempt to determine the best custody arrangement.

Custody Disputes

If a custody agreement cannot be reached between the parties, one or both parties can request the court to order an investigation and report concerning custodial arrangements for the child. This investigation will attempt to determine the best custody arrangement.


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