Child Custody Laws in Minnesota

Custody and parenting time are decided by the child's best interests, with detailed findings on factors including the child's needs; special medical, mental health or educational needs; the child's reasonable preference if the court finds the child of sufficient ability, age and maturity to express an independent, reliable preference; domestic abuse; parents' health issues affecting the child; each parent's history of caregiving and willingness to provide care; effects of changes in home, school and community; the child's relationships; the benefit of maximizing time with both parents; each parent's support of the child's relationship with the other; and the parents' ability to cooperate. There is a rebuttable presumption that joint legal custody is in the child's best interests if either parent asks, but a rebuttable presumption against joint legal or physical custody if domestic abuse has occurred between the parents. There is no presumption for or against joint physical custody, and the court may not prefer a parent based on gender. No specific age is set for the child's preference.

In a custody, divorce or legal separation case, either party can file a motion for a temporary order on custody and parenting time while the case is pending. A party can also ask for an ex parte restraining order (issued before the other side is heard), but it cannot grant custody to either parent or deny parenting time unless the court finds an immediate danger of physical harm to the children. An ex parte restraining order must be personally served with notice of a hearing on a temporary order, which is held at the earliest practicable date, and the restraining order lasts only until that hearing unless extended for good cause.

Yes, when parents have not agreed on custody or a parenting time schedule: the court must order both parents to attend, in person or online, at least 8 hours of a parent orientation and education program meeting Minnesota Supreme Court standards, generally starting within 30 days after the first filing. In other custody, support or parenting time cases, the court may order it. A party may be excused for good cause, and parents will not be required to attend the same sessions if domestic abuse is alleged. The court may also set contested custody or parenting time issues for mediation, but may not require mediation if there is probable cause of physical or sexual abuse.