For the most part, custody actions in Minnesota require the child to have lived with the custodial parent or guardian for at least six months. Google Chrome, (Minn. Stat. Before you file any papers, consider meeting with aÂ Minnesota family law attorney today. Note: State laws are constantly changing, typically through legislation, case law, or ballot initiative. Legal custody, on the other hand, is the ability to make significant decisions for a child. Parents can also share joint legal custody if the court believes that both parents will cooperate when it comes to matters involving the child. See FindLaw's extensive Child Custody section for more articles. “Child custody” in the state of Minnesota is defined using both physical custody legal custody. § 518.17. For useful resources and more information on this topic, see Child Custody and Parenting Time in Minnesota (presented by the Minnesota Judicial Branch Self Help Center). that a modification of the current order is necessary to protect the child's best interests. For example, parents with legal custody can help decide where a child should go to school, whether they should get a flu shot, or what church they should attend. Minnesota Child Custody Law Summary After a breakup or divorce in Minnesota, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support. Exceptions are made for emergency ("ex parte") situations; for example, a child may be immediately placed into the care of the other parent if the custodial parent is abusive or absent. § 518.18 (d)(e).). Search, State Guidelines for Setting Child Support. Additional information about Minnesota's child custody laws and procedures is listed in the following chart. Minnesota child custody laws define physical custody as the routine daily care and control of a child. Visit our professional site », Created byÂ FindLaw's team of legal writers and editors Unless both parents agree, the court won't modify custody or parenting time unless at least one year has passed since the court issued the original order. Battling over custody of your child with your ex can be emotionally draining and legally challenging. Ann. Typically, when the court awards primary physical custody to one parent, it adds a parenting time or visitation schedule for the non-custodial parent and child. (Minn. Stat. § 518.175 (1a)(a). Please try again. The court may waive the one-year requirement if the judge finds that: If you're requesting a change to physical custody (for example, if you're asking the court to change the child's primary residence), the court won't hear your motion unless you demonstrate: Once you demonstrate a need for a modification or review, the court will then apply the best interest standards (see above) to determine if the current arrangement needs to change (unless both parents previously agreed to apply a different standard.) However, all jurisdictions have adopted the Uniform Child Custody Act (UCCA), which helps eliminate interstate child custody conflicts. Do Not Sell My Personal Information, Child Custody and Parenting Time in Minnesota, Nolo's Essential Guide to Child Custody & Support, if you're married, you can file a summons and petition (which will initiate divorce proceedings) for a divorce or legal, if you're already divorced or legally separated, or if you were never married, but you established, the child's primary caretaker (this factor doesn't create a presumption, or legal assumption, that the primary caretaker parent should automatically get sole physical custody, but courts do consider it), the attachment and closeness of each child-parent relationship, 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, the child's adjustment to home, school, and community, the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity, the permanence, as a family unit, of the existing or proposed custodial home, each parent's ability to give the child love, affection, and guidance, and to continue educating and raising the child and teaching the child about the family culture and religion or creed, if any, each parent's ability and willingness to encourage and permit frequent and continuing contact by the other parent with the child (except in cases in which another court has separately decided there was domestic abuse).