Navigating Joint Custody in Minnesota
When it comes to determining joint custody of a child, the legal landscape can vary significantly from one state to another. In Minnesota, the primary focus remains on the best interests of the child. However, specific laws, standards, and procedures within the legal field can impact how joint custody is determined.
Types of Custody in Minnesota
Minnesota recognizes two types of joint custody: (1) joint legal custody; and (2) joint physical custody. [1]
Joint Legal Custody: This type of custody grants both parents the right to participate in
making major decisions affecting the child’s life, including matters related to education, healthcare, religious upbringing, and extracurricular activities.
Joint Physical Custody: In this arrangement, the child spends significant and roughly equal amounts of time with both parents, ensuring that the child has regular and meaningful contact with each parent.
The Best Interests of the Child Standard
In Minnesota, as in many other states, the guiding principle in custody decisions is the best interests of the child. This standard considers a wide range of factors to ensure that the child’s physical, emotional, and developmental needs are met in the most suitable environment. Factors typically considered include: the child’s relationship with each parent; the parents’ ability to provide a stable and nurturing home; the child’s adjustment to their community; and any history of abuse or violence. [2]
Presumption of Joint Custody
Unlike some states that have a presumption in favor of joint custody, Minnesota does not have an automatic presumption for or against joint custody. Instead, the court evaluates each case on its individual merits, considering the best interests of the child and the specific circumstances of the family. While joint custody is a viable option, it is not guaranteed, and parents must present evidence supporting the arrangement during custody proceedings. [3]
Parenting Plans and Mediation
Minnesota law encourages parents to develop a parenting plan outlining the details of joint custody. The parenting plan should address various aspects, including the child’s living arrangements, visitation schedules, holiday arrangements, transportation, and communication between parents and the child.
Mediation is also often utilized to help parents reach ana agreement on custody arrangements outside of court. In mediation, a neutral third party assists the parents in resolving disputes and creating a mutually acceptable parenting plan. If the parents cannot reach an agreement through mediation, the court will step in to make the final decisions based on the best interests of the child. [4]
Child’s Preference in Custody Decisions
Minnesota considers the child’s preference when determining custody, particularly if the child is of sufficient age and maturity to express a preference. When a child has reached a mature age, the court will consider how the child feels about custody and will consider any extracurricular activities that the child is also engaging in. However, the weight given to the child’s preference depends on the child’s age and ability to make an informed decision. [5]
Geographic Considerations
In cases of joint physical custody, geographic proximity between the parents’ residences becomes an essential factor. The court will assess how practical and feasible it is for the child to move between both parents’ homes regularly. Proximity to schools, extracurricular activities, and each parent’s ability to maintain stable living arrangements for the child are considered. [6]
Navigating Your Custody Case
Navigating the legal field of joint custody in Minnesota requires a thorough understanding of the state’s laws and standards. At Lake Harriet Law, our experience and knowledge of the legal system allows us to ensure that every part is receiving fair and equitable parenting rights. We will ensure that the best interests of you and your child are considered, and we will fight for your custody rights.
Randall A. Smith – Managing Attorney 612-750-4843
Sydney Koehler – Student Attorney 612-223-8925
Daphne Karofsky – Student Attorney 612-223-8925
[1] https://www.mncourts.gov/help-topics/child-custody.aspx [2] https://www.revisor.mn.gov/statutes/cite/518.17
[3] https://www.mrcustodycoach.com/blog/minnesota-presumption-shared-parenting
[4]https://www.justia.com/family/child-custody-and-support/child-custody/child-custody-mediation/
[5] https://www.mncourts.gov/help-topics/child-custody.aspx#:~:text=Under%20MN%20law%2C%20the%20child’s,enough%20to%20make%20a%20choice. [6] https://www.revisor.mn.gov/statutes/cite/518.17