Legal custody determines who makes major decisions about a child’s education, healthcare, and upbringing. Learn how it works in Minnesota.
When parents go through a divorce or separation, there are many questions about how responsibilities will be shared moving forward. One of the most important involves decision-making: Who has the authority to make major choices about a child’s life?
In Minnesota, these responsibilities are often addressed through what is known as legal custody. While the term may not come up in everyday conversation, it plays an important role in many family law matters.
Understanding Legal Custody in Minnesota
Legal custody refers to the authority to make significant decisions regarding a child’s upbringing. These are decisions that can have a lasting impact on a child’s development, education, and overall well-being.
Unlike parenting time, which focuses on when a child spends time with each parent, legal custody centers on decision-making responsibilities.
What Types of Decisions Are Included?
Legal custody often involves major decisions related to a child’s life, including:
These decisions can continue throughout a child’s upbringing, which is why legal custody is an important component of many custody arrangements.
Shared Decision-Making or Individual Authority
Minnesota law recognizes different approaches to legal custody.
In some cases, parents share the responsibility for making major decisions regarding their child. This is commonly referred to as joint legal custody.
In other situations, one parent may have the authority to make those decisions independently. This is known as sole legal custody.
The arrangement depends on the circumstances of the family and the terms established through agreement or court order.
How Legal Custody Differs From Parenting Time
It’s common for people to hear the word “custody” and immediately think about where a child lives. However, legal custody and parenting time address different aspects of parenting after a separation or divorce.
Parenting time focuses on the schedule and time a child spends with each parent. Legal custody focuses on who is responsible for making important decisions about the child’s future.
Because they serve different purposes, both are often addressed separately in family law matters.
How Custody Arrangements Are Determined
When custody issues are addressed through the court system, decisions are generally made based on the child’s best interests. Minnesota courts may consider a variety of factors when evaluating custody arrangements and determining how decision-making responsibilities will be structured.
Every family is different, which is why custody arrangements can vary significantly from one case to another.
Why Legal Custody Matters
Legal custody may not be discussed as often as parenting time, but it plays a significant role in shaping how important decisions are made throughout a child’s life.
Whether parents share decision-making responsibilities or one parent has that authority, legal custody helps establish a framework for addressing major issues as they arise.
Final Thoughts
Understanding legal custody is an important part of understanding how child custody works in Minnesota. While every family’s situation is unique, legal custody helps determine who is responsible for making key decisions regarding a child’s upbringing and future.
At Borden, Steinbauer, Krueger & Knudson, P.A., we represent clients in child custody matters and help families navigate the legal issues that arise during divorce, separation, and parenting-related proceedings.
Born and raised in St. Cloud, Minnesota, Sam is thrilled to return to Central Minnesota after passing the bar exam in 2024. Sam's diverse experience spans roles with the Douglas County Attorney’s Office (Civil Division), a Nebraska lobbying firm, Hudl, and the University of Nebraska Civil Clinic. Through these positions, he gained valuable exposure to various areas of law, including civil litigation, policy advocacy, and client counseling. Early in his legal career, Sam is eager to leverage his skills and experiences to deliver effective and personalized legal solutions for BSKK’s clients.
Areas of Practice:
- Business Litigation
- Construction Litigation
- Property Law & Real Estate
- Contract Disputes
- Personal Injury
- Probate/Trust Disputes
- Landlord/Tenant
- Family Law
Education:
- University of Nebraska College of Law, Lincoln, Nebraska, 2024, J.D.
- Concentration in Real Estate and Business Transactions
- North Dakota State University, Fargo, North Dakota, 2019, B.S.
- Honors: Magna Cum Laude
- Majors: Political Science and Management Communication
Bar Admissions:
- Minnesota 2024
Professional Memberships:
- Minnesota State Bar Association
David V. Hurt is a seasoned litigator who has been advocating for individuals, families, and businesses across Minnesota since 2012. His practice is rooted in a practical, results-driven approach that blends strategic litigation with thoughtful dispute resolution. David's clients trust him to navigate complex legal issues with clarity, efficiency, and unwavering commitment.
He began his legal career clerking for the Honorable John G. Melbye in the Ninth Judicial District of Minnesota, where he gained invaluable perspective on trial practice and judicial reasoning. Since then, he has built a diverse portfolio of experience at firms in Minneapolis, Washington, D.C., and Pennsylvania—litigating matters ranging from corporate and construction disputes to aviation claims.
David’s practice spans a wide range of civil matters, including business formation and litigation, real estate and land use disputes, probate and trust litigation, and family law. He is particularly experienced in resolving high-conflict disputes and routinely employs alternative dispute resolution strategies to secure favorable outcomes for his clients while minimizing cost and disruption.
Areas of Practice:
Education:
Bar Admissions:
Professional Affiliations:
Virginia "Ginny" Knudson represents individuals and businesses in various areas of law, including, estate planning and probate, business and corporate, real estate, and governmental relations. Ginny provides mediation services in divorce and custody, especially for business owners and high wage-earners, as well as for real estate, probate and business disputes. Ginny has been selected as a top attorney by Minnesota Super Lawyer Magazine from for 13 years.
Areas of Practice:
– Estate planning
– Business and corporate
– Real estate and landlord representation
– Probate disputes, guardianships and conservatorships
– Municipal and governmental relations
-- Mediation
Education:
– University of Minnesota Law School, Minneapolis, Minnesota, 1994, J.D.
– Honors: Cum Laude
– University of St. Thomas, Minneapolis, Minnesota, 1991, B.A.
– Honors: Summa Cum Laude
– Honors: Aquinas Scholar
– Major: Economics, Spanish, Minor: Business
Bar Admissions:
– Minnesota, 1994
– U.S. District Court District of Minnesota, 1994
– U.S. Court of Appeals 8th Circuit, 1996
Professional Memberships:
– St. Francis Church Finance Council, 2004–present, Chair and Trustee
- Essentia-St. Joseph's Medical Center, Directors Council, 2020-present
- Lakes Area Music Festival Board, Board Member 2022-present
– Brainerd Area Chamber of Commerce, 2016-2022, Board Member and Chair
– Mount Ski Gull, Board Member, 2014-2019
– Benevolent and Protective Order of Elks, Brainerd Lodge #615
– Zonta International, 1999–2018
– Jaycees, Brainerd, 1998–1999
– Aitkin/Crow Wing County Bar Association, 2000–2001, President
– Aitkin/Crow Wing County Bar Association, 1999–2000, Vice-President
Patrick has been practicing law since 1980, dedicating over 90% of his career to representing personal injury victims and their families, as well as handling a wide range of civil litigation matters. He is a Certified Trial Specialist recognized by the Minnesota Bar Association and was named a leading American attorney in personal injury law by the American Research Corporation. His professional excellence also earned him recognition as a Super Lawyer by Minnesota Law & Politics, placing him among the top six percent of attorneys in Minnesota.
Pat is enjoying a well-deserved retirement after 40+ years of practice. We thank Pat for his years of dedication to the firm and his service to the Brainerd Lakes Area. His legacy is marked by a deep commitment to justice, compassion for clients, and significant contributions to the legal profession.
Areas of Practice (during his active years):
Plaintiff’s Personal Injury
Civil Litigation
Real Estate Litigation
Construction Litigation
Contract Litigation
Mediation and Arbitration
Education:
– University of North Dakota School of Law, Grand Forks, ND – J.D., 1980
- Honors: Graduate of the Year, Bruce Inn
- North Dakota Law Review, 1979–1980
– Concordia College, Moorhead, MN – B.A., 1974
- Major: Business Administration / Hospital Administration
Bar Admissions:
Minnesota, 1980
U.S. District Court, District of Minnesota, 1981
Professional Memberships:
American Bar Association, Member
Minnesota State Bar Association, Member
American Association for Justice, Member
Minnesota Association for Justice, Member
Crow Wing-Aitkin County Bar Association, Past President
Brainerd Area Chamber of Commerce, Past Board Member
Brainerd Jaycees, Past President (1981–1982)
Benevolent and Protective Order of Elks, Brainerd Lodge #615, Past Exalted Ruler
P.O.R.T. Group Home, Past Member, Board of Directors
