6 Types of Child Custody in Minnesota

In divorce cases, there are several types of child custody. Listed below are the most common types of child custody in the state of Minnesota.

Physical Custody

If a parent has physical custody, it means they have the right to make decisions about where the child lives and about the day-to-day activities of the child.

Joint Physical Custody

The daily care, control, and residence of the child is split between both parents in joint physical custody. In order to qualify for joint physical custody, the parties must demonstrate to the court that they get along well, live in close proximity, and both play an active role in the child's life. Joint physical custody also reduces the amount of child support each parent must pay.

Sole Physical Custody

With sole physical custody, the child lives primarily with one parent. The noncustodial parent nearly always has a right to "parenting time," or "visitation," with the child. The amount of child support each parent pays is dependent on the percentage of time the child spends with each parent.

Legal Custody

When a parent has legal custody, they have the right and obligation to make decisions about the major issues regarding the child's upbringing, such as the child's education, health care, and religious training.

Joint Legal Custody

Both parents share the responsibility for making decisions regarding how to raise the child and must agree on such decisions. Joint legal custody won't be awarded in cases where communication between the parties is difficult or impossible, or where domestic violence is a factor.

Sole Legal Custody

Sole legal custody might be awarded to one parent rather than the other if there is a clearly demonstrated inability of the parents to cooperate or if a history of domestic abuse or violence is shown.