Custody and Parenting Time in Minnesota

Minnesota law distinguishes between two types of custody: legal custody and physical custody. Understanding the difference is essential to understanding how custody arrangements work.

Legal custody refers to the right and responsibility to make major decisions about a child's upbringing — including education, healthcare, and religious instruction. Courts often award joint legal custody, meaning both parents share decision-making authority, unless there is a history of domestic abuse or the parents are unable to cooperate on major decisions.

Physical custody refers to where the child lives on a day-to-day basis. Sole physical custody means the child lives primarily with one parent, who is responsible for the child's routine care. Joint physical custody means the child spends significant time living with both parents — though it does not necessarily mean a 50/50 split.

All custody decisions in Minnesota are governed by the "best interests of the child" standard. Courts do not automatically favor mothers over fathers, or vice versa. Instead, the judge considers a list of statutory factors, including the wishes of the child (depending on age and maturity), the wishes of each parent, the child's relationship with each parent and siblings, the child's adjustment to home and school, the mental and physical health of all individuals involved, each parent's ability to provide love and guidance, each parent's ability to support the child's relationship with the other parent, and any history of domestic abuse.

No single factor is automatically decisive. Courts weigh all relevant circumstances together.

Parenting time (sometimes called visitation) refers to the schedule that determines when each parent spends time with the child. Even when one parent has sole physical custody, the other parent is generally entitled to reasonable parenting time unless it would be harmful to the child.

Parenting time schedules vary widely depending on the family's circumstances. Common arrangements include alternating weekends, week-on/week-off schedules, and split-week schedules. Holiday and vacation time is typically addressed separately in the parenting plan.

Minnesota law presumes that each parent is entitled to at least 25% of parenting time. If a parent receives less than 10% of parenting time, the child support calculation is adjusted to reflect that.

Courts encourage parents to submit a parenting plan — a detailed written agreement that covers the regular parenting time schedule, holiday and vacation schedules, decision-making procedures, and how the parents will communicate about the child. When parents can agree on a parenting plan, the court will generally approve it as long as it serves the child's best interests.

When parents cannot agree, the court will establish a parenting plan after reviewing the evidence and considering the best-interests factors. In contested cases, the court may appoint a Guardian ad Litem — an independent advocate for the child — to investigate and make recommendations.

If a parent with sole physical custody wants to move the child's primary residence to another state (or more than 150 miles away within Minnesota), they must give the other parent at least 45 days' written notice. The other parent can object, and the court will decide whether the move is in the child's best interests. Relocation disputes can be complex and emotionally charged — having an experienced attorney is especially important in these situations.

Custody orders are not permanent. Either parent can ask the court to modify custody or parenting time if there has been a significant change in circumstances since the original order was entered. What counts as a "significant change" depends on the type of modification being sought.

For a change in physical custody, the requesting parent must show both a significant change in circumstances and that the modification is in the child's best interests. The bar is intentionally high — courts want to provide stability for children and do not want to encourage repeated litigation. For a change in parenting time (without changing physical custody), the standard is somewhat lower: the court simply asks whether the modification serves the child's best interests.

Common reasons for modification requests include a parent's relocation, a significant change in a parent's work schedule, a child's changing needs as they grow older, or concerns about a child's safety in the other parent's home.

When a parent violates a custody or parenting time order — by withholding parenting time, failing to return the child, or repeatedly interfering with the other parent's time — the other parent can ask the court to enforce the order. Remedies can include make-up parenting time, modification of the schedule, and in serious cases, a finding of contempt of court. Dana has extensive experience enforcing parenting time orders and protecting her clients' rights when the other party refuses to comply.