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Custody and Support of
Children on Judgment

Quick Facts

Best interest of the child is an important in most cases involving children.
Joint custody has added factors the court considers.
Parental rights may be modified or terminated.

Best Interests of the Child

The best interests of the child is a legal test, or set of guidelines, where the court considers and evaluates all relevant factors in a case involving minor children. The best interest of the child are not individually conclusive, but rather they are considered as a whole by the court. These factors are used in every divorce case where child custody or child support are contested, or where the court determines that the parents are not acting in the best interests of their children.

the wishes of the child's parent or parents regarding custody;
the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;
the parent who is the child's primary caretaker;
the intimacy of the relationship between each parent and the child;
the interaction and interrelationship of the child with a parent or parents, siblings, and any other relevant person;
the child's adjustment to home, school, and community;
the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
the permanence, as a family unit, of the existing or proposed custodial home;
the mental and physical health of all individuals involved; except that a disability of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;
the capacity and disposition of the parents to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;
the child's cultural background;
the effect on the child of the actions of an abuser, if related to domestic abuse that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent;
except in cases in which a finding of domestic abuse has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

The court may not use one factor to the complete exclusion of all of the other factors. The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.

The court is not allowed to consider the conduct of a proposed custodian that does not affect the custodian's relationship to the child.

Evidence of False Allegations of Child Abuse

The court will consider evidence of a violation of Minnesota law against falsely alleging abuse in determining the best interests of the child. False accusations can carry serious consequences.

Factors when Joint Custody Is Sought

In addition to the factors listed above, where the parents are considering or seeking either joint legal or joint physical custody, the court must consider the certain other relevant factors:

The ability of the parents to cooperate in raising their children;
The parents' methods and willingness to resolve disputes regarding major decision concerning the life of the child;
Whether one parent were to have sole authority over the child's upbringing would be detrimental to the child;
Whether domestic abuse has occurred between the parents.

The court assumes a rebuttable presumption that upon request of either or both parents, joint legal custody is in the best interests of the child. However, the court assumes a rebuttable presumption that joint legal or physical custody is not in the best interests of the child if domestic abuse has occurred between the parents.

If the court awards joint legal or physical custody over the objection of a parent, the court is required to make detailed findings on each of the factors and explain how the factors led to its determination that joint custody would be in the best interests of the child.

Custody Order

The court has authority to order sole or joint legal and physical custody, and an amount of support, after determining a marriage is void, or in a dissolution or separation proceeding, or in a child custody proceeding,. In determining custody, the court considers the best interests of each child and is not to prefer one parent over the other solely on the basis of the sex of the parent.

In the past, mothers had historically been awarded sole or majority custody based on the presumption that because they were mothers then they were more fit to take custody. This requirement that the court be gender-neutral is to help ensure that if the father is the best custodian, then the father will receive custody.

Parents' Rights

The law grants certain rights to each of the parents. These rights are not absolute; the court can modify these rights if doing so is in the best interests of the child. Again, the best interests of the parents are not considered.

Each parent has the right to copies of school, medical, dental, religious, and other important records and information about the minor children.

Each parent has the right to access information regarding health or dental insurance available to the minor children.

Each parent must keep the other parent informed of the name and address of the schools the minor children attend.

Each parent has the right to be informed by school officials about the children's welfare and educational progress and status, and to attend school and parent-teacher conferences. The school is not required to hold a separate conference for each parent. This may mean that the parents will have to attend the children's parent-teacher conference together, though the school may, if requested, allow the parents to speak to the teachers separately.

In case of an accident or serious illness of a minor child, each parent must notify the other parent of the accident or illness, and the name of the health care provider and the place of treatment.

Each parent has the right to reasonable access and telephone contact with the minor children regardless of custody and visitation rights.

The court may disallow any of these rights, if it finds that doing so is necessary to protect the welfare of a parent or child. The courts will usually not hesitate to take the steps necessary to protect parents and children.