In our last post on custody in Minnesota, we explored the various factors used to determine custody and parenting time. Now that you understand the basics, it’s time to delve into specifics regarding paternity, residency requirements, and parenting plans.

How Paternity Impacts Custody

While the Minnesota marriage rate remains higher than that in most states, it’s quickly dropping — in part because more couples opt for cohabitation. Whether parents live together or apart, children conceived out of wedlock are not automatically presumed related to the father. To achieve custody or parenting time, the father must officially establish paternity. Otherwise, state law mandates that the mother receives sole custody.

Residency Requirements

To qualify for a Minnesota judge’s declaration in custody decisions, your child must have resided in the state with a parent or eligible guardian for six consecutive months. Exceptions sometimes apply in emergency situations.

Changing Custody

Custody arrangements in Minnesota can be altered following a court order, but only if the court deems that the family’s situation has changed significantly — and that a new order will benefit the child. When determining possible changes, courts only examine new circumstances.

Parenting Plans

Parenting plans help divorced or separated parents determine the specifics of child care. Topics covered may include education, emergency medical treatment, residential arrangements, and more. The state provides a parenting plan worksheet that can be used as a blueprint for parenting discussions or as a tool to prepare for courtroom proceedings.

Still confused about custody and visitation in Minnesota? You’re certainly not alone. Don’t hesitate to seek additional information from our knowledgeable and caring team at the Brown Law Offices. Call 763-323-6555 today to schedule a consultation.

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Photo of Jason Brown Jason Brown

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated with honors from Mankato State University in 1997 and the William Mitchell College of Law in 2000.

Jason has…

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated with honors from Mankato State University in 1997 and the William Mitchell College of Law in 2000.

Jason has successfully litigated against some of the more recognized family law attorneys in the Twin Cities. He has been named a “Super Lawyer” by Thomson Reuters, and one of the Top 100 Family Law Attorneys in Minnesota by the Society of Legal Advocates.

In addition to his work as a lawyer, Jason serves as a mediator, and court-appointed early neutral evaluator, in divorce and family law cases throughout Minnesota. He frequently writes and speaks concerning divorce and family law issues, including several invitations to present seminars for the Minnesota Judicial Branch in St. Paul.

Beyond family law, Jason has represented hundreds of clients accused of a serious crime, including arson, fraud, unauthorized computer access, burglary, felony strangulation and obstruction of justice. He also provides estate planning services.

Local media appearances by Jason include WCCO Radio, KARE 11 Television, Fox 9 Television and WCCO Television. His national media appearances include NBC News, Time Magazine, USA Today and the Huffington Post.

Jason is the former chairperson of the Family Law Section of the Minnesota Trial Lawyer’s Association, and taught divorce and family law coursework within the paralegal program at North Hennepin Community College. He publishes the Minnesota Family Law Blog, which has been recognized as a “Top 25″ by the Minnesota State Bar Association.

Outside of the office, Jason enjoys playing the bass and electric guitar and spending time in the north woods of Wisconsin.


Areas of Practice
  • Divorce
  • Custody
  • Adoption
  • Restraining Orders
  • Prenuptial Agreements
  • Criminal Defense
  • Estate Planning
Notable Cases
  • Representation of Four Grandparents in Minnesota’s First Quad-Parenting Adoption
  • Representation of Client in Minnesota’s First Same-Sex Divorce
Bar Admissions
  • Minnesota State Bar, 2000
  • US District Court – District of Minnesota, 2002
Education
  • William Mitchell College of Law, 2000
  • Minnesota State University, Mankato, 1997
Joined Firm
  • 2003
Professional Associations & Activities
  • Minnesota State Bar Association
  • Presenter, Various CLE Courses
  • Monthly Columnist, Minnesota Lawyer Newspaper