Child Custody Law in Minnesota
Starting a Child Custody Action
Minnesota courts with jurisdiction may hear custody proceedings by the filing of a Minnesota divorce or when paternity has been recognized and by filing a motion for custody in the appropriate county.
Legal Child Custody
Legal Child Custody is the right of a parent to have a say in a child’s upbringing, which includes education, health care, and religious training. Minnesota has a statutory presumption in favor of joint legal child custody.
Physical Child Custody
Physical Child Custody is the right of a parent having control over the daily care of the child. Despite a previous presumption of a designation of sole physical custody, Minnesota custody courts have now shifted to more closely reviewing the amount of parenting time rather than labels.
Joint Child Custody
Despite the view that joint physical custody was once only appropriate in exceptional cases, Minnesota custody courts are beginning to revisit the issue of joint physical custody and how to award it, provided that parents can show:
- The ability to cooperate in raising the children.
- They have methods to resolve disputes.
- That it would not be detrimental to the child.
- That no domestic violence has occurred.
Determination of Child Custody
The test for determination of Minnesota child custody is all relevant factors necessary to determine the best interest of the child. The best interest of the child consists of thirteen factors, and the court cannot use one factor at the exclusion of others.
Modification of Child Custody
Minnesota child custody modifications cannot be brought until at least one year has elapsed from since the date of divorce. If a motion for modification of custody has been heard, no motion can be brought earlier than two years from the decision of the previous motion. Under certain circumstances motions for modifications of custody can be brought prior to the limitation periods. The exceptions are:
- The parties agree in writing to an earlier motion.
- There is a persistent and willful denial or interference with visitation.
- The court has reason to believe that child’s environment is causing physical or emotional endangerment.
The party in all cases seeking a modification must make a preliminary showing that significant change in circumstances has occurred. Once the preliminary showing has been made, courts are required to hold an evidentiary hearing to determine what is in the best interest of the child and weigh that against the harm of changing the residence of the child.
Child custody is a complex issue and should be handled with the help of a Minnesota child custody lawyer.