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Child Custody in Minnesota Law

Quick Facts

Two types of custody in MN: Legal & Physical.
Legal custodian cares for "mind" of child.
Physical custodian cares for "body" of child.

Legal Custody

A parent with legal custody has the right to make decisions about the child's upbringing, education, health care, and religious training.

Joint legal custody means that both parents have equal rights and responsibilities, including the right to participate in major decisions about the child's upbringing, education, health care, and religious training.

Physical Custody

A parent with physical custody is responsible for the routine daily care, control, and residence of the child.

Joint physical custody means that the routine daily care, control, and residence of the child is structured between the parties.

Related Terms

A custodial parent, or custodian, is the person who has the physical custody of the child at any given point in time. A noncustodial parent may or may not have visitation rights.

A custody determination is a court decision with instructions that provide for the custody of a child, including parenting time. A custody determination does not include a decision relating to child support or any other monetary obligation of any person.

A custody proceeding is any proceeding in which a custody determination is one of several issues, such as an action for dissolution, divorce, or separation. A custody proceeding can also involve children who are at the center of proceedings relating to protective services, domestic abuse, or paternity.