Minnesota recognizes two types of custody:

• Legal Custody: The right to make major decisions about the child’s upbringing, including education, healthcare, and religion.

• Physical Custody: Where the child lives and who provides daily care.

Each can be sole (one parent) or joint (both parents share the responsibility).

Minnesota courts base custody decisions on the best interests of the child. This includes factors like:

• The child’s physical, emotional, cultural, and spiritual needs

• Each parent’s ability to provide care

• The child’s relationship with each parent

• The child’s preference (depending on age and maturity)

• Any history of domestic abuse

The court’s goal is to promote stability and healthy relationships with both parents whenever possible.

Not always. Many parents reach a custody and parenting time agreement through negotiation or mediation. If an agreement is reached, it can be submitted to the court for approval. If not, a judge will make the final decision.

A parenting plan is a written agreement that outlines how you and your co-parent will share responsibilities. It includes schedules, holidays, decision-making authority, and how disputes will be handled. Minnesota law encourages detailed parenting plans as a way to reduce conflict.

Yes. Custody and parenting time orders can be modified if there’s been a substantial change in circumstances and the change would be in the child’s best interests. Common reasons include a move, a change in a parent’s work schedule, or concerns about safety or stability.

If the other parent isn’t following the custody or parenting time schedule, you can file a motion with the court to enforce the order. In some cases, you may also be able to seek compensatory parenting time or request a modification.

In some situations, Minnesota law allows non-parents, such as grandparents, to seek visitation or even custody. These cases are complex and fact-specific, so it’s best to speak with an attorney if you’re in this situation.

Custody issues are deeply personal and can affect your family for years to come. An experienced attorney can help you understand your rights, protect your relationship with your child, and work toward a parenting plan that truly serves your child’s best interests.