Child Custody & Parenting Time

Below is an overview of child custody and parenting time in Minnesota District Court. Read through the Definitions tab for commonly used words in custody and parenting time cases, and read through the Frequently Asked Questions (FAQs) tab for more information.

Under MN law, there are two types of child custody: physical custody and legal custody. Legal custody is the right to make important decisions for the child, including decisions about education, health care, and religion. Physical custody is the right to make decisions about the routine day-to-day activities of the child(ren) and where the child(ren) lives. 

Custody and parenting time issues are decided in many situations, including:

1. when married parents are filing for divorce or legal separation;
2. when unmarried parents who have signed a Recognition of Parentage file a custody case;
3. in court actions to determine paternity of a child;
4. in domestic abuse Order for Protection cases;
5. when a child lives with and is cared for by a third party, such as a grandparent or legal guardian; and
6. when a child is involved in a "child in need of protection or services" (CHIPS) case or a juvenile delinquency case.