Custody is the legal right to care for a child and make decisions about their life. In Minnesota, parents can agree on their own custody arrangements and ask the courts to approve them. Child custody agreements can cover whom the child lives with and how each parent will be involved in the child’s life. However, if parents cannot agree, the court will decide for them. Minnesota judges make custody decisions based on numerous factors that help them determine what is best for the child.
Legal vs. Physical Custody
There are two main types of custody in Minnesota: legal and physical custody. Legal custody gives a parent the right to make major decisions for their child, like choices about school, health care, and religion. Physical custody covers where the child lives and who handles their daily routine. Parents can have one or both types of custody, and, in some cases, they share each type. In making custody decisions, the court focuses on what setup works best for the child based on their needs, the parents’ roles, and other details about the family’s situation.
Sole Custody vs. Joint Custody
Both legal and physical custody can exist in sole or joint custody arrangements. Sole custody means one parent has full responsibility. If a parent has sole legal custody, they make all major decisions for the child. If a parent has sole physical custody, the child lives with that parent most of the time.
Joint custody means both parents share responsibility. With joint legal custody, both parents must agree on important decisions. In joint physical custody arrangements, the child splits time between both homes, though not always 50/50. Minnesota courts look at the specifics of each case to decide which arrangements make the most sense for the child and the parents involved.
Parenting Time (Visitation)
Parenting time, which Minnesota used to call “visitation,” refers to the time a parent spends with their child. Regardless of who has custody, both parents have the right to parenting time unless the court finds a reason not to allow it. Minnesota courts can order different types of parenting time depending on the family’s situation:
- Specific Parenting Time: The court sets a detailed schedule that says exactly when the child will be with each parent, including holidays and vacations.
- Reasonable Parenting Time: The court allows parents to decide on the visitation schedule themselves. This works best when parents can cooperate.
- Supervised Parenting Time: A responsible adult must be present during visitation. The court might use this type of arrangement if there are safety concerns.
- Suspended Parenting Time: The court denies parenting time because evidence suggests that contact would harm the child’s physical or emotional health.
How a Minnesota Custody Lawyer Can Help You Protect Your Relationship with Your Child
A Minnesota custody lawyer can explain your rights, help you understand your options, and prepare the right court documents on your behalf. If you and the other parent disagree, your attorney can speak for you in court and help you present facts that support your role in your child’s life. If you can both agree, your lawyer can help you put your agreement in a written form the court can accept. They can also guide you through modifications to existing orders if your family’s needs change later on.
Contact a Custody Attorney in Minnesota
If you have questions about your Minnesota custody case, contact Terzich & Ort, LLP, today for an initial consultation. We will listen to your concerns and help you develop a custody plan that supports your child and your role as a parent.
