Know Your Rights: Child Custody in Minnesota

If you are going through a custody dispute in Minnesota, you have legal rights. Here is what you need to know.

Your Rights

1. Both parents are treated equally. Minnesota law does not favor mothers over fathers. The court looks only at the best interests of the child – not the gender of the parent. See Minn. Stat. § 518.17 .

2. The court uses 12 specific factors to decide custody. These include the child’s needs, each parent’s involvement, the child’s adjustment to home and school, and any history of domestic abuse. No single factor is automatically more important than the others.

3. You have the right to parenting time. Even if the other parent gets physical custody, you have a right to a parenting time schedule. The court can only deny parenting time if it would endanger the child. See Minn. Stat. § 518.175 .

4. You can ask for emergency custody. If your child is in immediate danger, you can ask the court for a temporary emergency order without waiting for a full hearing.

5. Joint custody is possible even if you disagree. Minnesota courts can order joint legal custody even if the parents do not agree, if the court finds it is in the child’s best interests. Joint physical custody requires that both parents can cooperate.

6. You cannot be denied custody because of income. The court cannot give custody to one parent simply because that parent earns more money.

7. Custody orders can be modified. If circumstances change significantly, either parent can ask the court to modify custody. Generally, you must wait at least 1 year after the original order, unless the child is in danger. See Minn. Stat. § 518.18 .

8. Domestic abuse matters. If there is a history of domestic abuse, the court must consider it. There is a legal presumption that a parent who has committed domestic abuse should not get sole or joint custody. See Minn. Stat. section 518.17, subd. 2 .

What to Do

• Put the children first. Courts pay attention to which parent supports the child’s relationship with the other parent. Do not use children as leverage.
• Document everything. Keep records of your involvement in your child’s life – school events, medical appointments, daily routines.
• Follow existing orders. If there is a temporary order, follow it exactly. Violating a court order hurts your case.
• Do not move without court approval. If you plan to move more than 60 miles from the other parent, you must give 45 days written notice or get court permission.
• Consider mediation. Minnesota courts generally require parents to try mediation before going to trial. Mediation is often faster, cheaper, and less stressful for children.

Important Deadlines

Deadline	What It Means
30 days	Time to respond after being served with a custody petition
1 year	Minimum time before requesting a custody modification (unless child is in danger)
45 days	Written notice required before relocating more than 60 miles
90 days	Court may require a custody evaluation before trial – budget this time

Get Help

For more detail: See our full guides on these topics:

Child Custody in Minnesota

A plain-language guide to child custody in Minnesota. Learn about legal and physical custody, how courts decide, and how to file for custody.

Child Support in Minnesota

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.

Getting Divorced in Minnesota

A plain-language guide to the divorce process in Minnesota. Learn the steps, costs, timelines, and where to get help with your divorce.

Orders for Protection (OFP) in Minnesota

How to get an Order for Protection in Minnesota. A plain-language guide to the OFP process, requirements, and what to expect.