Child Custody

In general, there are two types of child custody - physical and legal. Physical custody determines with which of the parents the child lives, as well as who is responsible for the everyday care of the child. Legal custody refers to the power of the parents to make decisions that can affect a child's upbringing.

In Minnesota, both legal and physical custody may be granted to either one (sole custody) or both parents (joint custody). It is presumed that joint custody is in the best interests of a child unless there is evidence to the contrary. If sole custody is granted, the non-custodial parent may still have visitation rights.

When determining a fair decision on custody or deciding on whether to approve a parenting plan drafted by the spouses out-of-court, the court typically considers a lot of factors and conditions of a particular divorce case. The child's preferences may also be taken into account as well as spousal misconduct during a marriage.