Child Custody in Minnesota
Overview
When parents separate or divorce, they need a plan for raising their children. Custody is the legal term for who makes decisions about a child and where the child lives. Minnesota law is found at Minn. Stat. § 518.17 .
Minnesota uses two types of custody:
- Legal custody – Who makes big decisions about the child (school, medical care, religion). This can be sole (one parent) or joint (both parents share).
- Physical custody – Where the child lives. This can also be sole or joint.
Parenting time (sometimes called visitation) is the schedule that says when each parent has the child. Even a parent without physical custody usually gets parenting time. See Minn. Stat. § 518.175 .
- Minnesota courts do not automatically favor mothers over fathers. Both parents are considered equally.
- The court’s only standard is the best interests of the child, based on 12 specific factors.
- You have the right to go to court and present your case, even without a lawyer.
- You cannot be denied custody solely because of your income level.
- If you or your child is in danger, you can ask for an emergency temporary custody order without waiting for a full hearing.
- Free legal help is available. See “Where to Get Help” below.
This is legal information, not legal advice. For help with your specific situation, contact a legal aid organization.
Types of Custody in Minnesota
Types of Child Custody in Minnesota
Compare the different types of custody arrangements under Minnesota law.
| Feature | Sole Legal Custody | Joint Legal Custody | Sole Physical Custody | Joint Physical Custody |
|---|---|---|---|---|
| What It Means | One parent makes all major decisions about the child | Both parents share major decision-making | Child lives primarily with one parent | Child splits time between both parents' homes |
| Decisions Covered | Education, healthcare, religion, extracurricular activities | Same — but both parents must agree | Day-to-day care, routine decisions | Both parents handle daily care during their parenting time |
| How Common | Less common — usually granted only if parents cannot cooperate | Very common — Minnesota courts prefer joint legal custody | Common — one parent is the primary custodial parent | Increasingly common — requires parents who can cooperate |
| Child Support Impact | Does not directly affect child support calculation | Does not directly affect child support calculation | Non-custodial parent typically pays child support | Both parents may pay; calculated based on income and parenting time percentage |
| Key Statute | Minn. Stat. § 518.003 | Minn. Stat. § 518.003 | Minn. Stat. § 518.17 | Minn. Stat. § 518.17 |
How Does the Court Decide?
Minnesota courts use the best interests of the child standard. Under Minn. Stat. § 518.17 , the judge looks at 12 factors, including:
- The child’s physical, emotional, and developmental needs
- Each parent’s ability to give love, affection, and guidance
- The child’s adjustment to home, school, and community
- How well the parents can cooperate with each other
- The child’s wishes (if old enough to express a meaningful preference)
- Any history of domestic abuse
Step-by-Step Process
Step 1: Try to reach an agreement
Courts prefer that parents agree on custody. You can work with the other parent directly, use a mediator, or hire lawyers to negotiate. If you can agree, you will write a parenting plan that covers legal custody, physical custody, and a parenting time schedule. The court will usually approve a reasonable plan that serves the child’s best interests.
Step 2: File the necessary paperwork
If you cannot agree, you will need to file a petition in district court. The paperwork depends on your situation:
- Married parents: File as part of a divorce (dissolution) proceeding
- Unmarried parents: File a Custody, Parenting Time, and Support petition if paternity has been established
File in the county where the child lives. Court forms are available at mncourts.gov. You must pay a filing fee (about $310) or request a fee waiver.
Step 3: Serve the other parent
After filing, you must give the other parent official notice. This is called service of process. You can use a process server, the sheriff’s office, or certified mail in some cases. The other parent then has 30 days to file a response.
Step 4: Attend required programs and mediation
Minnesota requires parents in custody cases to complete a parenting education program (often called COPE – Children in the Middle). Many counties also require mediation before going to trial. Mediation is a meeting with a neutral person who helps parents try to agree.
Step 5: Go to court if needed
If you still cannot agree after mediation, the case goes to trial. The judge may:
- Review reports from a custody evaluator or guardian ad litem
- Hear testimony from both parents and witnesses
- Consider the 12 best-interest factors under Minn. Stat. § 518.17
The judge will issue an order that sets the custody arrangement and parenting time schedule.
Step 6: Follow the order (and modify if needed)
Both parents must follow the court order. If circumstances change significantly (a parent moves, the child’s needs change), either parent can ask the court to modify custody. Modifications are governed by Minn. Stat. § 518.18 and require showing a significant change in circumstances.
Key Deadlines
- Response time: The other parent has 30 days to respond after being served.
- Parenting education: Must be completed within the time set by the court (usually early in the case).
- Modification waiting period: Generally, you must wait at least 1 year after a custody order before requesting a modification, unless there is a risk of harm to the child.
Costs & Fees
| Item | Estimated Cost |
|---|---|
| Court filing fee | ~$310 |
| Fee waiver | Free (if you qualify) |
| Parenting education class | $30 – $75 |
| Mediation | Varies; some county programs are low-cost |
| Attorney fees (if hired) | $3,000 – $15,000+ |
| Custody evaluator | $3,000 – $7,000 |
Many parents handle custody cases on their own (called “pro se”). The court’s self-help center can assist with forms.
Child Custody Action Checklist
When to Get a Lawyer
You do not need a lawyer for a custody case, and many parents represent themselves. However, you should strongly consider getting legal help if:
- There is a history of domestic abuse or substance abuse
- The other parent has a lawyer and you do not
- You disagree about where the child should live
- A custody evaluation or guardian ad litem has been appointed
- The other parent wants to move out of state with the child
- You are worried about the safety of your child
Related Guides
A plain-language guide to the divorce process in Minnesota. Learn the steps, costs, timelines, and where to get help with your divorce. A plain-language guide to child support in Minnesota. Learn how support is calculated, how to file, and how to modify or enforce a child support order. How to get an Order for Protection in Minnesota. A plain-language guide to the OFP process, requirements, and what to expect.Getting Divorced in Minnesota
Child Support in Minnesota
Orders for Protection (OFP) in Minnesota
Where to Get Help
Mid-Minnesota Legal Aid
Southern Minnesota Regional Legal Services
Volunteer Lawyers Network
Children's Law Center of Minnesota
- Court self-help centers: Free help with forms and procedures at your county courthouse.
- Mediation services: Many counties offer low-cost mediation. Ask the court for a referral.
- Domestic abuse resources: If abuse is involved, contact the Day One Crisis Hotline at 1-866-223-1111 or the National DV Hotline at 1-800-799-7233.
Frequently Asked Questions
Do I need a lawyer for a custody case? You are not required to have one. Many parents represent themselves. However, if the case involves domestic abuse, substance abuse, or a complex parenting schedule, a lawyer is strongly recommended.
Does the child get to choose which parent to live with? Not exactly. The court considers the child’s wishes if the child is old enough to express a meaningful preference, but the judge makes the final decision based on all 12 factors.
What if the other parent is not following the custody order? You can file a motion for contempt of court. Document every violation. Do not stop following the order yourself – two wrongs do not make a right in the eyes of the court.
Can I move out of state with my child? Not without the other parent’s consent or court approval. Under Minn. Stat. § 518.175 , you must get permission before moving to another state.