How is child custody determined in Minnesota? Learn how the best-interests standard, custody arrangements, and parenting time fit into the process.
When parents separate or divorce, child custody is often one of the biggest issues involved. And while people commonly think of custody as simply deciding where a child will live, Minnesota law looks at a much broader picture.
So, how is child custody determined in Minnesota? When parents don’t agree on custody, Minnesota courts base their decisions on the best interests of the child. That involves looking at a number of factors related to the child, the parents, and the relationships within the family.
What Does Child Custody Mean in Minnesota?
In Minnesota, child custody is generally divided into two categories: legal custody and physical custody.
Legal custody involves the right to make major decisions about a child’s upbringing, including education, healthcare, and religious training.
Physical custody focuses on the child’s day-to-day care and where the child lives.
Depending on the custody arrangement, legal and physical custody may be shared between the parents or awarded to one parent.
What Does “Best Interests of the Child” Mean?
The best interests of the child is the standard Minnesota courts use when deciding disputed custody matters.
Rather than focusing on one particular issue, the court considers the circumstances surrounding the child and family as a whole. Minnesota law identifies a number of factors that can be part of that evaluation.
These factors relate to areas such as the child’s physical, emotional, cultural, and other needs, along with the relationships between the child and each parent.
What Factors Are Considered in a Minnesota Custody Case?
Every family is different, which means the circumstances surrounding a child custody case can vary considerably.
When determining the best interests of a child, the court may consider the history and nature of each parent’s involvement in the child’s care, the child’s needs, and the relationships the child has with parents, siblings, and other important people in their life.
The court looks at the relevant factors together when making a custody determination rather than allowing one single factor to automatically decide the outcome.
Can a Child Decide Which Parent to Live With?
This is a common question surrounding child custody in Minnesota, and there is no specific age at which a child automatically gets to decide where they will live.
A child’s preference may be considered when the court determines that the child has the ability, age, and maturity to express an independent and reliable preference.
That preference is one part of the larger best-interests analysis and does not, by itself, determine the custody arrangement.
Child Custody and Parenting Time Aren’t the Same Thing
Although the terms are closely connected, custody and parenting time have different meanings under Minnesota family law.
Custody involves legal decision-making and the child’s day-to-day care and residence. Parenting time refers to the time a parent spends with the child.
A parenting time arrangement can establish when a child spends time with each parent and other details surrounding that schedule.
Custody and parenting time may both be addressed in divorce, legal separation, and other Minnesota family law cases involving children.
What Happens When Parents Agree on Custody?
Not every child custody case involves a judge deciding how custody will be arranged.
Parents may reach an agreement involving custody and parenting time, and an agreed-upon arrangement may become part of a court order.
When custody remains disputed, the court makes the determination based on Minnesota’s best-interests standard.
Can a Minnesota Custody Order Change?
Child custody arrangements aren’t necessarily limited to the original family law proceeding. Questions involving custody can sometimes return to court after an initial order has been entered.
Minnesota law establishes standards for modifying an existing custody order. Because this involves a separate legal process, a request to change an existing arrangement is different from the court’s original custody determination.
There’s More to Custody Than Where a Child Lives
The word “custody” is often associated with a child’s living arrangements, but that’s only part of what the term covers.
Legal custody addresses important decisions involving a child’s upbringing. Physical custody deals with day-to-day care and residence. Parenting time addresses when a child spends time with a parent.
Together, these different pieces establish the legal framework surrounding parental responsibilities and time with a child.
Final Thoughts
When people search “how is child custody determined in Minnesota?”, the answer begins with the best interests of the child. Minnesota courts consider a range of factors involving the child’s needs, each parent’s relationship with the child, and the family’s overall circumstances when disputed custody matters are decided.
Child custody can involve legal custody, physical custody, and parenting time, each of which plays a different role under Minnesota family law.
At Borden, Steinbauer, Krueger & Knudson, P.A., we represent clients in child custody, parenting time, divorce, and other family law matters in the Brainerd Lakes Area and throughout Minnesota.
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
