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How is Child Custody Determined in a Minnesota Divorce?
How is Child Custody Determined in a Minnesota Divorce?
When going through a divorce, determining child custody is often one of the most challenging and emotionally charged issues. In Minnesota, the court’s primary concern is the best interests of the child, and several factors are considered to ensure that the custody arrangement serves the child’s well-being. At Michael Fink Law, PLLC, we assist the Minneapolis public with family law matters, including child custody disputes, ensuring that our clients understand their rights and obligations throughout the process.
Types of Custody in Minnesota
There are two main types of custody in Minnesota:
- Legal Custody: Refers to the right to make significant decisions regarding the child’s upbringing, including decisions about education, healthcare, and religious practices. Legal custody can be joint (shared by both parents) or sole (granted to one parent).
- Physical Custody: Refers to where the child will live and which parent will be responsible for the child’s day-to-day care. Like legal custody, physical custody can be either joint or sole, depending on the circumstances.
Factors Considered by the Court
Minnesota courts use a set of factors to determine what is in the best interests of the child. These factors help the court assess the most suitable arrangement for the child’s welfare and stability. Some of the key factors include:
- The child’s physical, emotional, and developmental needs: The court evaluates the child’s needs and which parent is best suited to meet them.
- Each parent’s ability to provide care: This includes evaluating the stability of each parent’s home, their mental and physical health, and their history of providing care for the child.
- The child’s relationship with each parent: The court considers the strength of the child’s bond with each parent and how the custody arrangement might impact those relationships.
- The child’s adjustment to home, school, and community: The court aims to minimize disruption to the child’s life, considering factors such as whether the child would need to move to a new school or community.
- The wishes of the child (if of sufficient age): If the child is old enough, their preference may be taken into account, though this is just one factor among many.
- Co-parenting ability: The court considers each parent’s willingness to support the child’s relationship with the other parent and whether they can effectively co-parent.
- Any history of domestic violence or abuse: The court places high importance on ensuring the child’s safety, and any history of abuse or domestic violence will strongly influence the custody decision.
Parenting Time (Visitation)
In addition to deciding custody, the court will also determine a parenting time (visitation) schedule, which outlines when the child will spend time with each parent. The goal is to ensure that both parents maintain a meaningful relationship with the child, unless there are circumstances that would make it unsafe or not in the child’s best interest.
Modifying Custody Orders
Child custody arrangements are not necessarily permanent. If circumstances change significantly after the initial custody order is in place, such as a parent moving to a different state or a change in the child’s needs, a parent can request a modification of the custody agreement. However, the court will still focus on the best interests of the child when considering any modifications.
How Michael Fink Law, PLLC Can Help

At Michael Fink Law, PLLC, we understand that child custody decisions can be overwhelming and stressful. Our experienced family law attorneys are committed to guiding you through the process, advocating for your rights, and ensuring that the final arrangement serves the best interests of your child. Whether you are seeking joint custody or need help resolving disputes over parenting time, we are here to provide compassionate and knowledgeable legal assistance.
If you are facing a child custody issue in your Minnesota divorce, contact Michael Fink Law, PLLC today to learn how we can help you protect your family’s future.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.