Navigating Child Custody in Minnesota: Unraveling the myth of 50/50 custody
Child custody battles are emotionally charged and complex, often requiring a nuanced understanding of legal terminologies. In Minnesota, custody is divided into two primary categories: physical custody and legal custody. These distinctions play a crucial role in the responsibilities of each parent and the overall well-being of the child.
Physical custody and residence is the routine daily care and control and the residence of the child. Plainly stated, physical custody in Minnesota refers to where the child resides on a day-today basis. This facet of custody comes in two primary forms: sole physical custody and joint physical custody.
Sole Physical Custody Designation
In the arrangement of sole physical custody, the child primarily resides with one parent. The other parent may be granted visitation rights, allowing them to spend time with the child according to a predetermined schedule. While it is an unpublished opinion, the facts of Wittrock v. Wittrock (2023 Minn. Ct. App. 2023 Unpub.) demonstrate a situation in which sole custody may be granted. In this case the court awarded the mother of a minor child sole physical and legal custody; they based the decision on several factors regarding the best interest of the child, a history of domestic abuse, and the party’s inability to effectively communicate regarding the child’s care. The court reviewed any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs,” and “the willingness and ability of each parent to provide ongoing care for the child.” Minn. Stat. § 518.17, subd. 1(a)(5), (7).
Sole Legal Custody Designation
Legal custody on the other hand, pertains to the authority to make important decisions regarding the child’s upbringing and welfare. Minnesota Statute section 518.003 defines “legal custody” as the right to determine the child’s upbringing, including education, health care, religious training and other important, long-term decisions regarding their child or children. Like physical custody, legal custody comes in two primary forms, sole legal custody and joint legal custody.
When one parent is awarded sole legal custody, they have the exclusive right to make decisions about the child’s education, healthcare, religious upbringing, and other significant aspects of their life. In order to obtain sole legal custody, the party has to persuade the court that the relationship between the parents is so severe that it will harm the children. When determining sole legal custody, the courts look at best interest factors of the child or children involved. The best interest of the child is laid out in Minnesota Statute 518.17. If sole legal custody is awarded to one parent, that parent can make major life decisions for the child without the input of the other parent. However, being awarded sole legal custody is extremely rare.
Joint legal custody means both parents share the decision-making responsibilities. Even if the child primarily resides with one parent, based on physical custody determinations, both parents have a say in important decisions that impact the child’s life. There is often a rebuttable presumption in favor of joint legal custody. Minnesota family courts prioritize the best interests of the child detailed in Minnesota Statute 518.17 when determining custody arrangements.
Joint Physical Custody Designation
Contrary to common belief, joint physical custody does not necessarily mean a 50/50 split of time. Instead, it involves the child spending significant and substantial time with both parents. Joint physical custody is often the presumption and is determined by the court using four factors:
- The ability of parents to cooperate in the rearing of their children;
- Methods for resolving disputes regarding any major decision concerning the life of the child, and the parents’ willingness to use those methods;
- Whether it would be detrimental to the child if one parent were to have sole authority over the child’s upbringing; and
- Whether domestic abuse has occurred between the parents.
Joint Physical and Joint Legal Designation
A wonderful example of this is Veit v. Veit where the court awarded both parties joint legal and physical custody because they concluded that the parties were able to cooperate with each other in making decisions for the children. (413 N.W.2d 601 (Minn. Ct. App. 1987)). They worked through all four factors explained above and decided that it was in the best interest of the children to have joint legal and physical custody.
Navigating the intricacies of child custody in Minnesota requires a comprehensive understanding of both physical and legal custody. Striking the right balance is essential for the child’s well-being, ensuring they maintain meaningful relationships with both parents while safeguarding their overall welfare. The “legalese” terms of physical and legal custody shouldn’t scare parents; it is only the process in which family courts determine parenting time schedules. The goal of parenting time schedules is to provide a clear and predictable routine for the child and to establish the rights and responsibilities of each parent. These schedules can be highly flexible and can be customized based on the needs and preferences of the parents and best interest of the child. In Shearer v. Shearer, the mother of minor children petitioned the court to require she be awarded at least 2 weekends a month of parenting time; both mother and father shared physical and legal custody and the parenting time was first ordered to work around the father’s work schedule. He was a pilot and traveled during the week so most of his parenting time took place on the weekends which the mother objected too. The court held that “It is in the children’s best interest to maximize the amount of time that they spend with both parents. This can best be accomplished by allowing both parents some weekend time.” Shearer v. Shearer, 891 N.W.2d 72, 77 (Min. Ct. App. 2017).
Overall, it is important for parents to work together to create a schedule and system that meets the best interests of the child or children involved.
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