Minnesota Child Custody: I am Getting Divorced. How Does a Court Determine Child Custody?

The "best interests of the child" govern child custody decisions in family court. There are 13 different factors the court must analyze when making their determination of what custody arrangement will be in the child's best interest. The court must consider all factors in making their decision.

The 13 best interest factors are found in Minn. Stat. § 518.17, subd. 1. They are:

1. The wishes of the child's parent or parents as to custody;
2. The reasonable preferences of the child, if the court deems the child to be of sufficient age to express preference;
3. The child's primary caretaker;
4. The intimacy of the relationship between each parent and the child;
5. The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;
6. The child's adjustment to home, school, and community;
7. The length of time the child has lived in a stable, satisfactory environment and desirability of maintaining continuity;
8. The permanence, as a family unit, of the existing or proposed custodial home;
9. The mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;
10. The capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;
11. The child's cultural background;
12. The effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and
13. Except in case in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

Joint Custody
If parents wish to have joint custody of their child; the court will also consider the following factors in Minn. Stat. § 518.17, subd. 2, in addition to the 13 best interest factors:

a) The ability of parents to cooperate in the rearing of their children;
b) Methods for resolving disputes regarding any major decision concerning the life of the child, and the parents' willingness to use those methods;
c) Whether it would be detrimental to the child if one parent were to have sole authority over the child's upbringing; and
d) Whether domestic abuse, as defined in section 518B.01, has occurred between the parents.

Legal Custody
Legal custody means the right to determine the child's upbringing, including education, health care, and religious training. Minn. Stat. § 518.003, subd. 3(a)

Joint Legal Custody
Joint legal custody means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training. Minn. Stat. § 518.003, subd. 3(b)

Physical Custody and Residence
Physical custody and residence means the routine daily care and control and the residence of the child. Minn. Stat. § 518.003, subd. 3(c)

Joint Physical Custody
Joint physical custody means the routine daily care and control and the residence of the child is structured between the parties. Minn. Stat. § 518.003, subd. 3(d)

Rebuttable Presumptions
There is a presumption that joint legal custody is in the best interests of the child. However, if domestic abuse as defined in Minn. Stat. 518B.01 has occurred between the parents of the child, then joint legal custody or joint physical custody of the child is presumed NOT to be in the best interests of the child. Each of these presumptions may be overcome if a party can prove that the presumption is not in the child's best interest. Minn. Stat. § 517, subd. 2