How is Child Custody Determined in a Minnesota Divorce?

February 21, 2015  |  Elizabeth A. Schading

Child custody is one of the most complicated issues in a Minnesota divorce. Although custody issues seldom go to trial, it’s still difficult for parents to come to an agreement on who should have custody of the child, or if the custody should be shared. It’s important to understand the types of child custody in Minnesota and how custody is determined. Types of Child Custody In Minnesota, there are two primary types of child custody: • Physical • Legal Physical refers to the child’s day-to-day routine and where he or she lives. Legal refers to how the child is raised, such as what school the child attends, his or her health care and religious upbringing. Some parents share custody, which is known as either joint legal or joint physical custody. But in some cases, one parent may have sole custody (both physical and legal) of the child. When parents share legal custody, it means that both parents will share the decision making when it comes to how the child is raised. When parents share physical custody, it means that the child’s residence and daily routine will be split between both parents, but not necessarily on an equal basis. How Child Custody is Determined In Minnesota, child custody can be determined in two ways:…

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