Understanding Child Custody in Minnesota
If you are facing divorce, separation, or a parenting dispute in Minnesota, questions about child custody are often the most stressful and emotionally charged part of the process. Understanding how custody works under Minnesota law can help you feel more prepared—and protect what matters most: your child’s well-being.
What Does Child Custody Mean in Minnesota?
Minnesota law recognizes two types of child custody: legal custody and physical custody. Each serves a different purpose, and both can significantly affect your parenting rights and responsibilities.
Legal Custody
Legal custody refers to a parent’s right to make major decisions about a child’s upbringing, including decisions related to:
Education
Health care and medical treatment
Religious upbringing
In most Minnesota cases, courts award joint legal custody, meaning both parents share decision-making authority. Joint legal custody requires communication and cooperation between parents on major decisions affecting their child.
Physical Custody
Physical custody determines where the child lives and who is responsible for the child’s day-to-day care.
Minnesota courts may award:
Sole physical custody to one parent, or
Joint physical custody, where the child spends significant time with both parents
In practice, the labels “sole” and “joint” physical custody often matter less than the court-ordered parenting time schedule. Even if one parent is awarded sole physical custody, the other parent’s parenting time rights are governed by the schedule set forth in the court order and must be followed.
How Minnesota Courts Decide Child Custody
Minnesota courts determine custody based on the best interests of the child. Judges evaluate a number of statutory factors, including:
The child’s physical, emotional, and developmental needs
The child’s relationship with each parent
Each parent’s ability to provide emotional and financial support
The child’s preferences, if the child is of sufficient age and maturity
The mental and physical health of each parent
Any history of domestic abuse
The geographic proximity of the parents’ homes
No single factor controls the outcome. The court considers the full set of circumstances to create a custody arrangement that promotes stability and safety for the child.
Parenting Time and Visitation in Minnesota
Minnesota law recognizes the importance of maintaining strong relationships between children and both parents whenever it is safe to do so. Even when one parent has sole physical custody, the other parent is typically entitled to parenting time.
Parenting time schedules can be tailored to the family’s needs and may address:
Weekly schedules
Holidays and school breaks
Summer parenting time
Virtual or electronic parenting time
Temporary Authority Through a Delegation of Parental Authority (DOPA)
In some situations, parents may need to grant temporary decision-making authority to another adult without permanently changing custody. Minnesota law allows this through a Delegation of Parental Authority (DOPA).
A DOPA allows a parent or legal custodian to temporarily delegate certain parental powers—such as the ability to consent to medical care, enroll a child in school, or manage day-to-day needs—to another trusted adult, such as a grandparent or family member.
A DOPA does not terminate parental rights and does not permanently alter custody. Instead, it can be a practical solution when a parent is temporarily unavailable due to travel, illness, military service, incarceration, or other short-term circumstances.
However, a DOPA has limitations and is not appropriate for every situation—particularly when there is an active custody dispute or safety concerns. Proper drafting and legal guidance are essential to ensure the delegation is valid and serves the intended purpose.
Can Child Custody Orders Be Modified?
Yes. Child custody and parenting time orders can be modified if there has been a substantial change in circumstances and the modification is in the child’s best interests. Relocation, changes in a child’s needs, or concerns about parenting time compliance may justify a modification.
Speak With a Minnesota Child Custody Attorney
Child custody decisions can affect your family for years to come. Whether you are negotiating custody, addressing parenting time disputes, or exploring temporary solutions like a Delegation of Parental Authority, having experienced legal guidance matters.
At Lauren Pevehouse Law, we help parents throughout Minnesota understand their rights, protect their children, and find practical solutions tailored to their situation.
Lauren Pevehouse offers confidential child custody consultations and can help you determine whether court-ordered custody, parenting time modifications, or a temporary DOPA is appropriate for your family.
Contact Lauren Pevehouse Law today to schedule a consultation and get clear, compassionate guidance from an experienced Minnesota family law attorney.
