When parties in Minnesota go through a divorce with children, or they are going through a custody and parenting time case with their unmarried co-parent, the Court has to make determinations about specific topics. Those topics are:
- Legal Custody;
- Physical Custody;
- Parenting Time; and
- Child Support.
It is important for parents navigating the legal system to understand what each of these elements are, how they are connected, and how the Court makes decisions about these issues. Each element serves a different purpose and together they make the framework for how parents will raise their children after separation. This is a brief overview of what the law says about each issue.
Legal Custody:
Legal custody is defined by Minnesota Statute 518.003 subd. 3(a) as the right to determine the child’s upbringing including education, health care and religious training. This element is about who has the right to participate in decision making for the major life decisions for the child.
Joint Legal Custody
Joint legal custody means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child’s upbringing, including education, health care, and religious training.
In an ideal world, co-parents with joint legal custody would discuss all major decisions for the child before making a final determination, as well as discussing long term plans for their child’s education, health, and religious training.
Sole Legal Custody
Sole legal custody is not defined by statute, but it is generally known to be that one parent has the right to determine the child’s upbringing including education, health care and religious training.
A parent in Minnesota who has sole legal custody has the ability to make decisions about the child’s medical, educational, or religious upbringing without input from the other parent. It is important to note that other parent (referred to by the Courts as the non-custodial parent) still have a right to know information about the child’s life such as an accident or serious illness of the child, important records about the child, and the name and address of the school the child attends, among other things. Having sole legal custody does not mean that the custodial parent can shut the other parent out of information about the child.
Presumptions in Legal Custody
There is a rebuttable presumption in Minnesota that joint legal custody is in the best interest of a child. This means that in most cases, parents are granted joint legal custody of their child. The legislators believe that is it is in a child’s best interest for both parents to be involved in decision making, akin to the proverb “two heads are better than one.”
That being said, if a Court has determined that domestic violence has occurred between the parents, then the rebuttable presumption shifts so that it is now presumed that one parent will have sole legal custody of the child. In both cases, the presumption can be overcome, but it will depend on the specific facts of your case.
If you are facing the challenge of overcoming a presumption for legal custody in Minnesota, it is important to have knowledgeable custody attorneys by your side. Book a consultation with us to discuss your specific situation, as these cases are difficult and require careful preparation and legal arguments. Call us at 763-561-2800 to schedule a free consultation.
Physical Custody
Physical Custody in Minnesota is defined by Minnesota Statute 518.003 subd. 3(c) as the routine daily care and control and the residence of the child. This is about who participates in decisions about the daily schedule of the child, as well as where the child primarily resides and who provides care for the child.
Joint physical custody means that the routine daily care and control, and the residence of the child, is structured between the parties. A joint physical custody label does not require the parties to have an equal parenting time schedule, nor do the parties need to reside together.
Unlike legal custody, there are no presumptions for physical custody under normal circumstances. However, if a Court has determined that domestic abuse has occurred between the parents, then there is a rebuttable presumption that one parent has sole physical custody. Physical custody is determined by evaluating the best interest of the child. The Court reviews the twelve best interest of a child factors, and makes a determination based on what they find to be in the best interest of the child.
Parenting Time
The term ”parenting time” refers to the time that the child is with each parent and the schedule that governs the child’s day to day routine.
The 25% Presumption
In Minnesota, there is a presumption that each parent starts with 25% of the parenting time, and the remaining 50% of the parenting time is determined by the best interest of the child. The baseline for the child to have at least 25% of the time with each parent recognizes that the child should have meaningful time with each parent.
Many people wonder what 25% of the parenting time looks like in real life, and in a regular schedule it could be every other weekend, Friday through Sunday, and one overnight during the week. In other families it may be extended time over summer break, long weekends during the school year, and some additional time added in. Your exact schedule will be based on the schedules of the child, the locations of the parent’s homes, parent’s work schedules as well as the best interest of the child overall.
Equal Parenting Time
While there is no requirement or presumption for equal parenting time, many co-parents either agree to, or are court ordered to, have an equal parenting time schedule. Some examples of equal schedules are:
- Week on/week off: This schedule has limited transitions and longer chunks of time with each parent, making it a better schedule for older children and teenagers because they are developmentally equipped to be apart from one parent for longer periods of time.
- 5-2-2-5 schedule: With this schedule, one parent has Monday night and Tuesday night and the other parent has Wednesday night and Thursday night, and then they alternate weekends Friday to Monday morning. This schedule is commonly used for school-age children as it gives them structure and routine that is consistent each weekday.
- 2-3-3-2 schedule: The parents alternate which parent has Monday/Tuesday and which parent has Wednesday/Thursday. This schedule is best for young children who benefit from frequent contact with both parents.
Limited Parenting Time or “Restrictions” on Parenting Time
There are reasons why a Court would order a parent to have less than 25% of the parenting time. These reasons can include safety concerns about a child with a parent, distance between the parents, or that a parent chooses to have less than 25% of the parenting time.
Often if there is a safety concern about a child with a parent, the Court will work to remedy the safety concern through things like supervised parenting time, domestic violence programming, reunification therapy, parenting classes, and testing for illegal substances. The goal of the Court is to get a parent to a place where they can safely parent at least 25% of the time, if they want to do so.
How is Child Support Impacted by Custody and Parenting Time
Custody labels do not determine how child support is calculated. Child support is based on several factors including but not limited to each parent’s income, the number of overnights the child spends with each parent, which parent pays for the child’s medical insurance, and if the child is in childcare, which parent pays for child care.
Contact Us Today
Having knowledgeable Minnesota Custody attorneys by your side while working through custody and parenting time disputes ensures that you have someone who is familiar with the laws and who know what aspects are important and need to be considered when working towards a resolution that is in your children’s best interest. Working with one of the experienced family law attorneys at CC&S Family Law will ensure the best possible outcome for you and your children. Call us at 763-561-2800 for a free consultation.
