Minneapolis Divorce Attorney & Lawyer : Minnesota Family Law Firm : Brown Law Offices : St. Paul, Twin Cities MN Custody Child Support

Depending upon the facts and legal issues involved in your divorce, a number of experts may play a role in your case, including a home appraiser, actuary, custody evaluator, business appraiser and vocational assessor.

The most common expert we employ is a home appraiser. In most cases the most valuable asset for division is the marital homestead. If one party elects to remain in the homestead we must calculate the equity in the house to determine the value of the property settlement. Naturally, the first step to establishing equity involves the determination of the market value of the property. A typical homestead appraisal costs around $350. They take approximately one (1) week to complete. Many clients ask if a realtor’s market analysis can substitute for an appraisal. If the parties agree, a market analysis is sufficient. However, a realtor’s market analysis does not hold the same evidentiary weight as a certified real estate appraisal. For that reason, the appraisal is usually preferred.

Another expert we commonly retain is an actuary. An actuary is an accountant with specific knowledge on the formulas utilized to calculate the present value of various retirement interests. Aside from a house, the most valuable assets that the majority of couples possess are their retirement accounts. Some accounts, such as a 401(k) plan, are easy to value. A recent statement will tell us the value of the account. However, pension interests have a present value as well. Suppose you are 40 years of age and your union pension indicates that at present you qualify to receive $1,000 per month at age 55. Those benefits, despite the fact they are not yet realized, have an economic value. It is the job of an actuary to calculate that value. Clients are often shocked to realize that their pension interest, in terms of present dollars, totals several hundred thousand dollars. If the pension interest was accumulated during the marriage, it is subject to equal division. This may be done by a cash off-set or an award of future benefits to each party. If the cash buy-out is contemplated, then we must know the present value of the benefit. An actuary typically charges a couple hundred dollars for their services.

If custody is a contested issue in your case, a custody evaluator will be appointed by the court. This individual typically possesses a degree in psychology or social work. The custody evaluator will meet with each party individually, and meet with them in the presence of the children. They will gather documentation such as medical and school records involving the children. Custody experts often speak with counselors that might be involved with the family. Parents will often refer the evaluator to several acquaintances who can speak of their ability to affectively parent the children. The process of completing a custody evaluation typically takes several months. Once all of the necessary information is gathered by the evaluator, a report is generated that addresses the information gathered in relation to the standard for an award of custody in Minnesota – the best interest of the child. These reports are often twenty (20) or thirty (30) pages in length and may include painstaking detail about the family situation. The final part of the evaluator’s report includes a series of recommendations. Most often, the court will adopt the recommendations of the evaluator. There are two types of custody evaluators in Minnesota: court appointed and privately retained. There is no legal distinction between the two, but a private evaluator will typically charge more than $10,000 for their services. In some situations, a private custody evaluation will be done much more quickly than an evaluation conducted by court services. If court services performs the evaluation they, too, charge a fee. But it is typically much less than the fee associated with a private evaluation. 

We frequently employ business appraisers to ascertain the present value of a business owned by one or both of the parties to a divorce. There are a number of ways that a business appraiser calculates the market value of a particular business. The evaluator will look at the overall business revenue, profits, assets and marketability of the business. The cost for a particular appraisal varies depending upon the nature of the business being valued. In most situations, a business appraisal will cost between $5,000 and $10,000. Once the appraisal is concluded, the evaluator will present a written report. The report will include the various formulas utilized for determining market value and offer an expert opinion concerning the value of the business based upon dozens of factors that have been taken into account.

In cases involving spousal maintenance, we often employ a vocational assessor. This individual is asked to evaluate a spouse’s capacity for employment and potential annual earnings based upon their educational background, skills and the market place. The person being evaluated will be asked to spend the day with the vocational assessor. An interview takes place and the individual is asked to complete a series of psychological tests, including the MMPI and other skills tests. Once the evaluator has opportunity to get to know the individual, they will generate a report that discusses the skills and abilities of the individual, along with a host of potential careers that are available to them. The assessor we retain will take into account market conditions specific to the Minneapolis area. A vocational assessment typically costs approximately $1,500. The conclusions drawn by the assessor provide significant evidence for the court to consider in light of a request for spousal maintenance.

The foregoing experts are the most frequently retained individuals to assist our clients through the divorce process. Certainly there are others, such as vehicle appraisers, psychological experts, chemical abuse experts, accountants and others. The costs associated with retaining many experts is substantial. For that reason, we work very closely with our clients to balance the costs of the involvement of an expert against the benefit that we hope to realize in retaining that individual.

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Our attorneys were recently involved in a very contentious family law situation involving a request for grandparenting time. Our firm represented the paternal grandparents of two children, ages 9 and 5. The mother and father of these two boys both contested the request of the grandparents for a court order that would compel grandparent visitation.

Our argument to the court was that the grandparents had “stepped into the shoes” of the father, who was an admitted alcoholic. Despite the fact that the grandparents had spent substantial amounts of time with their grandkids, mom and dad disputed their continued involvement in the lives of the children and wanted all time spent with the grandparents to be supervised.

Our clients were awarded one full weekend a month with the grandkids and additional time to take their grandchildren on vacation. None of the time was required to be supervised. This award was quite substantial, given the fact that most non-custodial parents are typically ordered to receive two weekends per month of parenting time, along with one weekday evening. The court clearly recognized that the stability of the children was critical in this case and that this ongoing relationship served their best interests.

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Depending upon your point of view, you may or may not appreciate the fact that Minnesota law contains a presumption of sole physical custody. So many potential clients ask about that. I don't believe it is a question of whether the standard will change, but when the standard will change – based upon recent legislative activity and the progressive approaches that have been taken at the Hennepin County Family Justice Center in Minneapolis.

Fellow Minnesota divorce blogger Gerald O. Williams has published a nice article about the status of a bill in the 2008 Minnesota Legislature that relates to a modification of the sole physical custody presumption to a presumption of joint physical custody in divorce cases. The legislature has opted to refer the matter for a study.

This is certainly not the first time the legislature has looked at the issue. Part of the recent child-support reforms that were discarded was a new presumption of joint physical custody. It is evident that there are many, both in the public at large, and in the legislature, who believe it is time for a shift in thinking on this issue.

Practicing on the banks of the Mississippi River, we appear frequently in both Hennepin and Anoka County. Although the judiciary in Anoka County may claim otherwise, there is certainly a reputation that sticks for failing to award joint physical custody. One of the most frequently uttered statements in my initial consultations with individuals involves fathers telling me, “I live in Anoka County and I hear I don't stand a chance of custody.” 

With much less judicial hesitation, we obtain court orders awarding parents joint physical custody in Hennepin County. Many judges in Hennepin County, rightfully, explain to the parties that custody is nothing more than a label. They begin with the fundamental question of what the parenting schedule ought to look like. Once the schedule is established, they can call it whatever they want. They let the parties call the shots without much interference.

We represent a host of individuals who come to us in an attempt to resolve their divorce in uncontested manner. Quite often, these very civil and reasonable individuals are questioned quite heavily by an Anoka County judge about whether joint custody is really appropriate. This happened to a client just last week in Anoka. Mom and dad both wanted joint physical custody and lived 1/2 a mile apart. The judge told them he "wasn't buying it" and that joint physical custody agreements are an "easy way out." The parties couldn't believe it. You know I am going to remove that judge the next time I represent a client who seeks joint physical custody. How is it that a 30 yard swim across the Mississippi can yield such a different process when, in fact, statewide law is what dictates every divorce?

In the end, I'm not arguing for one result or another. Every case stands on its own. Rather, my position is that there ought to be consistency from county to county. But, given the legislative activity on point in recent years and given the success realized by Hennepin County on these issues, the time will come when the presumption of joint physical custody is alive and well.

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The Minnesota Supreme Court has published a set of recommendations concerning parenting time. These are not binding legal authority, but take into account all facets that must be examined in determining what a "good" parenting plan involves. Here is what the Court has to say about parenting time and teenagers:

Developmental Tasks

During the early stage of adolescence, children continue the process of establishing their identity and self-worth. Through this process, and with guidance from their parents, they establish a sense of self in relationship to the rules and regulations of society. Adolescents also begin the process of separating from their parents, during which they may mourn the loss of childhood, dependency, and protection within the family. During this stage, adolescents gain academic and/or athletic prowess, make and sustain friendships, continue the process of gender identification, and begin to explore intimate relationships.

During the later stages of adolescence, young adults continue the process of establishing their independence. They continue the development of loyal friendships, begin to develop a work ethic, and begin to develop aspirations. Young adults also continue the process of gender identification and management of sexual impulses. Adolescents need the support and involvement of both parents. Adolescents may be embarrassed or angry about their parents' relationship. They may begin to have doubts about their own relationships with family members and peers, causing them either to focus too much on relationships or to withdraw from relationships. Adolescents may also inappropriately act out by using drugs or by engaging in sex or other unhealthy behaviors to attain a sense of belonging.

Parenting Time Considerations

It is important for parents of adolescents to maintain the child's accessibility to school, peers, extracurricular and community activities from both homes. It is also important for each parent to consistently apply the family rules of their own household.

Adolescents may need to be with friends more than with their family and, therefore, may resist a rigid parenting time schedule. Parents will need to exercise greater flexibility, adapted to the increasing ability of the child to take care of his or her own needs. There will also need to be greater flexibility adapted to the child's preferences -- an adolescent should not be forced to comply with a parenting time schedule about which the child had no input. To accomplish this, parents should consider the child's wishes and decide parenting time issues with the child.

Many adolescents benefit from a primary home base, with specific evenings, weekends, and activities at the other home scheduled on a regular and predictable basis. Other adolescents, however, may be comfortable spending equal time with each parent, including up to two weeks at each residence. Adolescents may be comfortable with one to three weekends of parenting time per month, depending upon the child's schedule, distance, and capacity to travel. The noncustodial parent should maintain contact with the child's teachers and attend the child's performances and other important events. Parents who live far apart should establish, with input from the child, a permanent schedule with some built-in flexibility.

What Parents Can Do to Help

Parents of adolescents can help by:

• Developing a parenting time schedule by working with the child;
• Establishing a predictable schedule that is flexible enough to allow for the child's activities;
• Consistently applying family rules and expectations; and
• Avoiding the assumption that a child's mood swings or behavioral acting out is caused by the other parent.

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The Minnesota Supreme Court's publication entitled "A Parental Guide to Making Child-Focused Parenting Time Decisions" offers the following advice when dealing with elementary school-age children:

Developmental Tasks

Elementary school age children are learning to develop relationships and cooperate with peers and adults. At this age, children establish foundations for academic and athletic skills. Self-esteem, self-worth, moral development, and personal security are issues for this age group. Elementary school age children identify with and model the activities of the parent who is the same sex as the child. Children also become aware of their parents as individuals, often fear the loss of parents, and feel sadness and anger because of their parents' divorce or separation. Self-blame, depression, and attempts to reunite parents are not uncommon in this age group. Children need parental assistance in learning organizational skills.

Parenting Time Considerations

While many elementary school age children benefit from a primary home base, children at this stage of development can also benefit from spending longer periods of time with their noncustodial parent, assuming that they have developed and maintained a close relationship with that parent. Children of this age may be comfortable being away from their custodial parent on a regular basis for parenting time lasting two to three days and for longer periods during school breaks and summer vacation. The more time a child has spent with the noncustodial parent, the more comfortable the child will be spending time away from the child’s home base. For younger children of this age group, frequent parenting time (at least once per week) with their noncustodial parent is desirable. As a child matures, longer parenting time with fewer transitions may be preferred.

What Parents Can Do to Help

Parents can help their elementary school age children by:

• Establishing and following a predictable parenting time routine;
• Gradually changing the frequency and increasing the duration of parenting time;
• Encouraging and assisting in phone and letter contact with the other parent
• Avoiding criticism about the other parent and others in the home;
• Informing teachers of any stress the child is experiencing and getting help for school-related problems; and
• Encouraging and assisting the child to maintain contact with school, friends, and extracurricular and community activities.

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A publication entitled "A Parental Guide to Making Child-Focused Parenting Time Decisions." has been produced by the Minnesota Supreme Court. It establishes no law, but does offer helpful recommendations when creating a parenting time schedule. The report was drafted by the judiciary and local child psychology experts. Here are their recommendations for parenting time with pre-schoolers up to 5 years of age:

Developmental Tasks

Preschoolers continue to increase their sense of individuality. They make significant gains in their verbal skills and become more likely to express their feelings. Preschoolers also develop a greater sense of curiosity and exploration, and increase their abilities to imagine and fantasize. Children at this developmental stage may think they are responsible for their parents' divorce or for their parents not living together. They fear abandonment and may fantasize that their parents will reunite. Their sense of security is affected by predictable and consistent routines.

Parenting Time Considerations

Routine and consistent parenting time schedules are very important. For parents who live far apart, it is usually best for the child if the noncustodial parent travels to the residential area of the other parent. This may mean that parenting time takes place in the home of the custodial parent or in a nearby location where the child feels comfortable. During this stage, children may be comfortable with longer parenting time periods, including overnights. For younger children, overnights should be limited to no more than one night per week. Older preschoolers may be able to have additional overnights and lengthier parenting time. Assuming the child has an ongoing relationship with the noncustodial parent, vacation time may be appropriate. Weekend parenting time that is increased gradually may help preschoolers to make the transition to an extended vacation time. Transitions are easier if children bring with them personal objects, such as blankets, stuffed animals, photos, or memorabilia of the parent. Because preschoolers have improved verbal and comprehension skills, it is important for parents to avoid speaking disrespectfully about the other parent or about others in the home.

What Parents Can Do to Help

Parents can help their preschoolers by:

• Establishing a consistent, predictable, and routine parenting time schedule;
• Gradually increasing the length of parenting time, working up to overnights;
• Sending along personal objects, such as blankets, stuffed animals, and photos of the parent; and
• Avoiding criticism about the other parent and others in the home.

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The Minnesota Supreme Court has published a useful and informative publication entitled "A Parental Guide to Making Child-Focused Parenting Time Decisions." Though not established law, it does provide persuasive authority for a particular position that mirrors the recommendations within the report. The report is a product of the judiciary and respected child psychologists. Here are their recommendations for parenting time with infant and toddlers up to 2.5 years of age:

Developmental Tasks

The primary developmental tasks of infants include establishing a sense of trust in their environment and the people around them, forming an effective attachment with at least one primary parent who consistently and promptly responds to their needs, becoming comfortable with others who interact with them, and making their needs known through crying or other signals. Infants and toddlers need frequent contact with both parents and they do not cope well with numerous changes to their schedules or routines. At approximately six months, a child begins to make strong distinctions between primary caregivers and others, which may result in the beginnings of separation anxiety. Parents of infants begin to bond with their children and to recognize their children's signals regarding their need for food, comfort, sleep, and nurturance.

As children grow from infants to toddlers, their developmental tasks include: an increasing sense of self-awareness, the beginnings of a sense of independence, the beginnings of speech development, and an increasing ability to provide self-comfort and self-regulation in sleeping, feeding, and toileting. In addition, the parent’s process of bonding with the child continues as children grow into toddlers.

Parenting Time Considerations

Parents of infants should establish a parenting time schedule that is consistent, predictable, and routine in nature. Depending upon the noncustodial parent's availability and caregiving history, the noncustodial parent of an infant should have short (one to three hour) but frequent (two to three times per week) parenting time during the day or early evening. As the child grows from infant to toddler and becomes more comfortable with separation from the custodial parent, the duration of parenting time should increase. For parents who live far apart, the noncustodial parent of an infant or toddler should travel to the residential area of the custodial parent. This may mean that parenting time takes place in the home of the custodial parent or in a nearby location where the child feels comfortable. It is important for parents of infants and toddlers to establish one nighttime caregiver. Overnight and extended parenting time may not be appropriate for infants and toddlers. However, children who are able to make smooth transitions between homes, or who have older sisters or brothers to accompany them on parenting time, may be comfortable with overnight and extended parenting time.

What Parents Can Do to Help

Parents can help their infants and toddlers by:

• Establishing a consistent, predictable, and routine parenting time schedule;
• Interacting with the child in a location where the child feels secure and comfortable;
• Gradually increasing the duration of parenting time;
• Moving to overnight and extended parenting time only when the child is able to make a smooth transition between parental homes; and
• Sending along personal objects, such as blankets, stuffed animals, and photos of the parent.

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The Minnesota Supreme Court has published a series of recommended practices in order to prioritize the health of children going through a divorce. We provide a short list here, and invite you to read in much more detail by choosing the link that follows.

Here are the suggestions, in a nutshell:

• Keep Children Out of the Middle;
• Establish a Workable Means of Communication;
• Resolve Conflict Quickly;
• Separate Parenting Time and Child Support;
• Respect Parent-Child Relationships;
• Facilitate Transition from One Parent to the Other;
• Encourage Telephone and Other Contact;
• Establish Similar Household Routines;
• Provide Child's Belongings;
• Support Contact with Grandparents and Extended Family;
• Facilitate Temporary Schedule Adjustments;
• Accomondate Vacation Plans; and
• Establish a Routine for Picking Up and Dropping Off
  

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A host of implications follow the issuance of an Order for Protection in Minnesota when a marital dissolution action is pending or will be filed.

Marriage dissolution petition. A petition for dissolution of marriage or legal separation must allege whether an OFP that governs the parties or a party and a minor child of the parties is in effect and, if so, the district court or similar jurisdiction in which it was entered.

Custody disputes. In a proceeding where two or more parties seek custody of a child, the court must consider and evaluate all relevant factors in determining the best interests of the child. One of the relevant factors set forth in Minnesota law is the effect on the child of the actions of abuse that has occurred between the parents or the parties. When joint legal or physical custody is contemplated, the court must consider whether domestic abuse has occurred between the parents. If domestic abuse has occurred between the parents, the court must apply a rebuttable presumption that joint legal or physical custody is not in the best interests of the child.

Parenting plan. Upon the request of both parents, a parenting plan may be created in lieu of an order for child custody. A parenting plan must include a schedule of time each parent spends with the child, a designation of decision-making responsibilities, and a method of dispute resolution. The court may not require a parenting plan that provides for joint legal custody or the use of dispute resolution processes (other than the judicial process) if the court finds that either parent has engaged in acts of domestic abuse or child abuse. In determining custody, a court must consider a finding under the Domestic Abuse Act or under a similar law of another state that domestic abuse has occurred between the parties.

Parenting time. Upon the request of either parent, the court must grant parenting time on behalf of the child and parent to enable them to maintain a parent-child relationship that will be in the best interests of the child. If the court finds, however, after a hearing, that parenting time is likely to endanger the child’s physical or emotional health or impair the child’s emotional development, the court must restrict parenting time and may deny parenting time entirely, if the circumstances warrant. If a parent requests supervised parenting time and an OFP is in effect, the judge or judicial officer must consider the OFP in making a decision regarding parenting time.

Modification of parenting time. If a parent specifically alleges that parenting time places the parent or child in danger of harm, the court must hold a hearing at the earliest possible time to determine the need to modify the order granting parenting time. The court must modify an order granting or denying parenting time whenever modification would serve the best interests of the child. Parenting time may not be restricted unless the parenting time is likely to endanger the child’s physical or emotional health or impair the child’s emotional development or the parent has chronically and unreasonably failed to comply with court-ordered parenting time.

Additional parenting time to provide child care. The court may allow additional parenting time to provide child care while the other parent is working, subject to reasonableness and the best interests of the child. In making this determination, the court must consider whether domestic abuse has occurred between the parties.

Move to another state. If a parenting-time order is in effect, the court must look at the effect of domestic abuse on the safety and welfare of the child and the parent when considering a request from a parent to move a child to another state. The burden of proof is upon the parent requesting the move, except that if the court finds that the person requesting the move is a victim of domestic violence, the burden of proof is on the parent opposing the move.

Custody and parenting time of children to unmarried persons. A proceeding by a father whose paternity has been recognized under Minnesota law to petition for rights of parenting time or custody may not be combined with a proceeding under the Domestic Abuse Act. Also, a petition by certain other individuals (e.g., grandparents or a person with whom a child has resided) for visitation rights may not be combined with a proceeding under the Domestic Abuse Act.

Participation in a parenting plan when a person is convicted of certain offenses. If a person seeking child custody or parenting time has been convicted of an applicable crime, the person seeking custody or parenting time has the burden to prove that custody or parenting time is in the best interests of the child. This provision applies if the conviction occurred within the preceding five years; the person currently is incarcerated, on probation or under supervised release for the offense; or the victim of the crime was a family or household member. In these cases, the court may not grant custody or parenting time to the person unless it finds that the custody or parenting time is in the best interests of the child. Also, if a person who has court-ordered custody of a child or parenting-time rights is convicted of an applicable crime and no action is pending regarding custody or parenting time, the sentencing court must refer the matter to the appropriate family court or action. The family court must:

• Grant temporary custody to the noncustodial parent, unless it finds that another custody arrangement is in the best interests of the child; or
• Suspend parenting-time rights, unless it finds that parenting time with the convicted person is in the best interests of the child.

Proceedings under this law must be expedited. The defendant has the burden of proving that continued custody or parenting time is in the best interests of the child. If the victim of the crime as a family or household member, the standard of proof is clear and convincing evidence.

Temporary orders and restraining orders. A temporary order in a proceeding brought for custody, dissolution, legal separation, or related matters may not vacate or modify an order granted under the Domestic Abuse Act restraining an abusing party from committing acts of domestic abuse. Upon proper motion the court may, however, hear a motion for modification of an OFP concurrently with a proceeding for dissolution of marriage.

Guardian ad litem. In all child custody, marriage dissolution, or legal separation proceedings in which custody or parenting time of a minor child is an issue, the court must appoint a guardian ad litem if the court has reason to believe that the minor child is a victim of domestic child abuse or neglect. The guardian ad litem must represent the interests of the child and provide advice to the  court on custody and parenting time.

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In a proceeding for an OFP under the Domestic Abuse Act, the court may provide the following relief, upon notice and hearing:

• Restrain the abusing party from committing acts of domestic abuse;
• Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner;
• Exclude the abusing party from a reasonable area surrounding the dwelling or residences
• Award temporary custody or establish temporary visitation with regard to minor children of the parties on a basis which gives primary consideration to the safety of the victim and the children;
• Establish temporary support for minor children or a spouse and order the withholding of support from the income of the person obligated to pay the support;
• Upon request of the petitioner, provide counseling or other social services for the parties, if married, or if there are minor children;
• Order the abusing party to participate in treatment or counseling services;
• Award temporary use and possession of property and make other orders regarding property;
• Exclude the abusing party from the place of employment of the petitioner or otherwise limit the abusing party’s access to the petitioner at the petitioner’s place of employment;
• Order the abusing party to pay restitution to the petitioner;
• Order the continuance of all currently available insurance coverage without change in coverage or beneficiary designation; or
• Order, in its discretion, other relief it deems necessary for the protection of a family or household member, including orders or directives to the sheriff or constable.

Relief that is granted by the order is for a fixed period of time, not to exceed one year, except when the court determines a longer fixed period is appropriate.

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Divorce is a stressful, significant occurrence in the life of all who are involved. The impact of divorce upon children cannot be ignored. Reputable divorce attorneys, and, more importantly, the Court, will put the interests of the children at  the top of the priority list.  Here are a few key points and suggestions to keep in mind as you move forward:

Keep Communication Open With Your Spouse/ Former Spouse. As long as children are involved, you and your former spouse will have to work together. Your children will suffer to the degree that you and your former spouse cannot communicate or cooperate.

Get Professional Help To Deal With Your Emotions. Please do your best to keep emotions out of the case. Your feelings of anger, pain, and betrayal are understandable, but expressing them inappropriately in court may interfere with your ability to provide a judge with the information they need. If you have trouble with the hostility, anger, or depression that often occurs in divorces, don’t hesitate to get counseling to help you through it. A good counselor can help you, and your children, get through this difficult time and avoid having the anger become counterproductive.

Encourage and Support Parenting Time. If you are the custodial parent and the court has ordered parenting time between your children and your ex-spouse, you have a duty to encourage parenting time. You must do more than just stay out of the way or leave the choice to the children. Encourage your children to see your former spouse frequently and to enjoy the contact. Never use support or parenting time as a lever or bargaining chip in dealing with the other parent. However, if mental health, chemical dependency, abuse or other issues arise and you think your children are not safe with your ex-spouse, seek professional advice on what to do.

Give Your Children a Chance. The way you and your spouse handle your divorce will have an enormous impact upon your children. If you argue and fight, their problems and pain will be magnified. By acting reasonably, you can help your children through one of the most difficult events of their lives.

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There are two types of custody in Minnesota: physical and legal. A parent may receive sole or joint custody. A non-custodial parent will likely receive an award of parenting time. The "best interests of the child" governs these issues.

In examining the best interests of a child, the Court will examine 13 criteria, including:

• The wishes of the child's parent or parents as to custody;
• The reasonable preference of the child as to custody, if the court deems the child to be of sufficient age to express preference;
• The child's primary caretaker;
• The intimacy of the relationship between each parent and the child;
• 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;
• The mental and physical health of all individuals involved; except that a disability of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custody arrangement is not in the best interest of the child;
• 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;
• The child's cultural background;
• The effect on the child of the actions of an abuser, if related to domestic abuse 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
• The disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

Legal custody grants a parent the right to have a role in the educational, medical and religious decisions made on behalf of a child. There is a presumption in Minnesota that parents should be granted joint legal custody. This presumption may be overcome, however, by demonstrating that such an award does not serve the best interests of a child (if, for example, a parent experiences significant mental illness or has played no role in the life of a child).

Physical custody refers to the day to day physical location of children. The presumption in Minnesota is that one parent should have sole physical custody and the other should be awarded an appropriate amount of parenting time with the children. This presumption may be overcome, however, by demonstrating that such an award does not serve the best interests of a child - usually by showing that the parents have each played a significant role in a child's upbringing, get along relatively well, communicate respectfully with one another, have no history of domestic abuse and intend to remain living in close proximity (within the same school district) of one another. Some judges are much more open to an award of joint physical custody than others.

If one parent is awarded sole physical custody of a child, the other will typically receive an award of parenting time. Very often, such an award involves spending time with the children every-other weekend, one or two evenings per week, half of all holidays and non-school days during the academic year, and a number of weeks of uninterrupted vacation time during the summer months.

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