Divorce & Family Law · Dundas · Northfield · Faribault
Custody, Parenting Time, and Child Support
Custody labels matter less than people think. The schedule is what your child lives, and the record is what the court reads.
Two kinds of custody
Legal custody is the right to make the major decisions: school, health care, religion. Physical custody is the daily care and where the child lives. Either can be joint or sole.
If either parent asks for joint legal custody, the court starts from a presumption that it is in the child’s best interests. There is no presumption for or against joint physical custody. Both starting points reverse when there has been domestic abuse between the parents (Minn. Stat. § 518.17).
What the court looks at
Custody and parenting time are decided on the child’s best interests, measured by twelve factors in § 518.17. Among them:
- the child’s physical, emotional, and other needs, and any special medical or educational needs;
- the history and nature of each parent’s participation in the child’s care;
- each parent’s willingness and ability to keep providing that care;
- any physical, mental, or chemical health issue that affects the child’s safety;
- whether domestic abuse has occurred;
- the benefit to the child of maximizing time with both parents;
- whether each parent will support the child’s relationship with the other parent;
- the parents’ ability to cooperate and to resolve disputes.
No one factor decides the case, and the court must make findings on each. That is why the record matters. School pickups, doctor visits, who stayed home when the child was sick: these are provable, and I prove them. I build the record that shows who you actually are as a parent, and I don’t let the other side define you.
Parenting time
Without evidence otherwise, each parent is presumed entitled to at least 25 percent of the parenting time (§ 518.175). That is a floor. Schedules run from that floor to equal time, and the right one depends on the child’s age, the distance between homes, each parent’s work, and what the child is used to.
A parent with the child’s residence cannot move the child to another state without the other parent’s consent or a court order when the other parent has parenting time. The parent who wants to move carries the burden of proof (§ 518.175, subd. 3).
Child support
Minnesota uses an income-shares model. The calculation takes both parents’ gross incomes, the number of children, and the number of court-ordered overnights with each parent, and produces three parts: basic support, medical support, and child care support (Minn. Stat. ch. 518A). Because overnights feed the formula, the schedule and the support number are negotiated together whether anyone says so or not.
Questions people ask first
Is 50/50 the default?
No. There is no presumption for or against joint physical custody. Equal time is common when both parents have been doing the work and live close enough to make it practical.
Does my child get to choose?
There is no age at which a child decides. The court may consider a reasonable preference if the child is old enough and mature enough to express an independent one. Judges rarely hear it from the child directly.
We were never married. Where do I stand?
An unmarried mother has sole custody until a court orders otherwise. A father who signed a Recognition of Parentage is the legal father, and still needs a court order for custody or parenting time.
The other parent is not following the schedule.
The order is enforceable. See changing and enforcing an order.
General information about Minnesota law, not advice about your case. Statutes checked November 2026.
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