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Commencement of a Custody Proceeding

Quick Facts

Two ways to start a child custody proceeding in MN.
File petition for divorce or separation.
Notice is mandatory.
Response is not mandatory, but a response is almost always a good idea.

Procedure

A child custody proceeding is commenced by a parent in one of two ways under Minnesota family law:

by filing a petition for dissolution or legal separation; or
after a decree of dissolution or legal separation has been entered or when none is sought, or when paternity is recognized under Minnesota law, by filing a petition or motion seeking custody or parenting time in the county where the child is a permanent resident, or where the child is found, or where an earlier order for custody of the child has been entered.

Required Notice

When a parent petitions for custody proceedings, the parent's lawyer must serve notice on the child's other parent. The other parent is given the opportunity to be present at the hearing and may file a responsive pleading. A responsive pleading is used to answer or counter the opponent's claims and allegations. A responsive pleading is almost always a good idea, even if you agree with all of your spouse's claims.