Custody is often the most emotional aspect of a Minnesota divorce. While some couples inherently agree that their children are better off living with just one parent, others bicker endlessly over parenting time. These spats can be minimized, in part, by a better understanding of how custody works in the state of Minnesota. Below, we review a few basic ideas you should understand before proceeding with custody negotiations:

Types of Custody

First, it’s important to understand custody categories. As in many states, Minnesota divides the concept into two main branches: physical and legal custody.

Physical custody is probably what you picture when you think of custody. In Minnesota, this term refers to where the child resides and who makes day-to-day decisions about routine activities.

Legal custody involves major decisions about the child’s education, health care, and religious upbringing. Many Minnesota parents split legal custody but designate a sole physical custodian.

While parents with multiple children often maintain similar custody plans, arrangements could realistically be different for each child.

How Is Custody Determined In Minnesota?

Some parents determine custody on their own through mediation. Many, however, defer to the state’s court system. Minnesota courts focus on the best interests of the child — a surprisingly complicated concept that can take several factors into account. These include:

  • The child’s physical, emotional, and spiritual needs.
  • Special needs regarding physical or mental health.
  • The child’s preferences.
  • The presence of abuse in the child’s household.
  • The child’s relationships with parents, siblings, and other family members.

Clearly, no two Minnesota custody cases look exactly alike. As you strive for a positive outcome, think carefully about each child’s best interests.

At this difficult time, you can lean on the Brown Law Offices for support. You’ll never doubt that we care about your family. Call 763-323-6555 today to schedule a case consultation.

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Photo of Jason C. Brown Jason C. Brown

Jason C. Brown has represented a wide variety of family law clients over the last 20 years, including teachers, homemakers, union construction workers, doctors, truck drivers, accountants, business owners, engineers, lawyers, mortgage brokers and Fortune 500 executives. Many of his cases have involved…

Jason C. Brown has represented a wide variety of family law clients over the last 20 years, including teachers, homemakers, union construction workers, doctors, truck drivers, accountants, business owners, engineers, lawyers, mortgage brokers and Fortune 500 executives. Many of his cases have involved complex custody disputes, alimony claims, and high net worth individuals, including several divorces in which the value of the marital estate exceeded ten million dollars. Every client, no matter their background, is important to Jason.

Jason routinely provides mediation services for family court litigants. He was a longtime board member and corporate secretary for Northgate Church in Ramsey. Early in his career, Jason served as law clerk to the Honorable Timothy R. Bloomquist, retired Chief Judge of Minnesota’s Tenth Judicial District.