The law in plain words
Under Minn. Stat. 518.17, the court "must consider and evaluate all relevant factors" in deciding the child's best interests, including 12 listed factors.
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Minnesota explains what the figures can and cannot show.
Legal and physical custody
Minnesota uses four main terms.
- Legal custody: the right to make the big decisions about school, health care and religion.
- Joint legal custody: both parents share those decisions equally.
- Physical custody: the child's day-to-day care and where they live.
- Parenting time: the time each parent spends with the child, whatever the custody labels.
Joint physical custody "does not require an absolutely equal division of time."
Parents who agree on a parenting plan can use other terms, such as decision-making, if the plan defines them. Whatever the labels, both parents keep rights to school and medical records, unless a court waives them for safety.
Is Minnesota a 50/50 state?
No. Minnesota has three rules here, and none is an equal-time presumption.
- Joint legal custody: if either parent asks for it, the court presumes it is best for the child.
- Joint physical custody: the law has no presumption for or against it.
- The 25% rule: absent other evidence, a child is presumed to get at least 25% of parenting time with each parent.
The 25% is a floor, not a target. It can be counted in overnights, or another way.
Bills in 2026 would have presumed time should be maximized, and raised the floor to 50%. They did not pass.
The 12 best-interest factors
Section 518.17 lists factors the court must weigh:
- the child's physical, emotional, cultural, spiritual and other needs
- any special medical, mental health, developmental or educational needs
- the child's reasonable preference, if mature enough
- whether domestic abuse has occurred, and what it means for the child
- any physical, mental or chemical health issue of a parent that affects the child
- the history of each parent's caregiving
- each parent's willingness and ability to provide ongoing care and keep to the schedule
- the effect of changes to home, school and community
- the effect on the child's relationships with parents, siblings and others
- the benefit of maximizing time with both parents, and the harm of limiting it
- each parent's support for the child's relationship with the other, except where there was abuse
- the parents' ability to cooperate and shield the child from conflict
The court must make detailed findings on each factor. It may not decide on one factor alone.
Rules the court must follow
Section 518.17 also sets ground rules for every case.
- No gender preference: the court must not prefer a parent "solely on the basis of the gender of the parent."
- Both parents capable: the court presumes each parent can sustain a nurturing relationship, unless there are substantial reasons otherwise.
- Irrelevant conduct: conduct that does not affect a parent's relationship with the child is not considered.
- Disability: since 2024, a court cannot deny or restrict custody because of a parent's disability alone.
- False reports: knowingly false reports of child abuse must be considered.
Disagreeing over sole or joint custody does not, by itself, show parents cannot cooperate.
Your child's preference
Minnesota sets no age at which a child decides. The child's preference counts if the court finds them mature enough to give "an independent, reliable preference."
The judge may interview the child privately in the judge's office. The lawyers may attend, and a record is made unless the parties waive it.
The age of 8 in the statute is only about explaining the order to the child. It is not an age to choose.
Domestic abuse
If domestic abuse occurred between the parents, Minnesota flips the presumption. Joint legal and joint physical custody are presumed not to be in the child's best interests.
- The contact factor: factor 11 does not apply where there was abuse.
- Parenting time: it must be restricted, and may be denied, if after a hearing it is likely to endanger the child.
- Certain crimes: a parent with a recent conviction for crimes such as serious assault or strangulation must prove custody serves the child.
- No forced mediation: a parent who claims abuse cannot be required to mediate.
Minnesota's definition of domestic abuse covers physical harm, fear of harm, threats and sexual conduct. It does not include coercive control.
An order for protection can award temporary custody after a hearing. An emergency order made without the other parent cannot. Filing is free.
If you were never married
Under Minn. Stat. 257.541, an unmarried mother has sole custody until paternity is established or a court decides custody.
Parents can sign a Recognition of Parentage. It works like a paternity judgment, but gives the father no custody or parenting time until a court awards them.
- Changing your mind: either parent can revoke it within 60 days of signing, or by an earlier court hearing.
- After that: a court can vacate it for fraud, threats or pressure, or a serious mistake about the facts. The case must usually be brought within one year.
With a Recognition of Parentage, either parent can start a custody case directly. The same 12 factors apply. The fact that parents never married does not decide custody.
Emergency and temporary orders
While a case is open, the court can make temporary custody and parenting time orders. They are usually decided on sworn statements.
Since 2024, the court must consider each parent's time with the child before the case began.
- Without notice: a court can grant custody this way only if it finds "immediate danger of physical harm" to the child.
- Quick hearing: if emergency relief affects custody or parenting time, a hearing must be set within 14 days.
- Order for protection: to get temporary custody, ask for a hearing. After an emergency order, it must be held within 7 days.
Moving out of state
Under Minn. Stat. 518.175, a parent cannot move a child to another state without the other parent's consent or a court order. That applies if the other parent has court-ordered parenting time.
If the purpose of the move is to interfere with the other parent's time, the court must not allow it.
Otherwise the court weighs eight factors. They include the child's relationships, whether the other parent's time can be preserved and the reasons for the move.
The parent who wants to move carries the burden of proof. The exception is a parent who was a victim of domestic abuse by the other parent.
No statute requires permission for a move within Minnesota, though an order can restrict where the child lives. Each parent must report a change of address within 10 days.
Changing custody
Under Minn. Stat. 518.18, timing limits apply unless both parents agree in writing.
- After a decree: no motion to change custody for one year.
- After a heard motion: no new motion for two years.
- Exceptions: persistent, willful denial of parenting time, or a child whose environment may be dangerous.
To change custody, you must show a change in circumstances and that the change is necessary. In contested cases, that usually means endangerment. The Supreme Court said in Goldman v. Greenwood (2008) that this requires "a significant degree of danger."
Changing parenting time alone, without moving the child's main home, is decided on best interests. Restricting a parent's time needs endangerment or chronic non-compliance.
When parenting time is denied
A 2024 law made the remedies for denied parenting time much stronger.
- Make-up time: once denial is found, the court must order compensatory time within a year.
- Repeated denial: the court must also order costs and attorney fees, if the denying parent can pay. It may impose a sanction of up to $500, or change custody.
- A second finding: the court must impose a sanction of up to $500, a custody change, or both.
- During a case: if a parent credibly alleges 14 straight days of denied time, a hearing must follow within 30 days of the request.
These remedies do not apply if the court finds the denial was needed to protect the child.
Classes, mediation and evaluations
- Parent education: in a contested divorce or custody case under Chapter 518, the court must order both parents to take at least eight hours. It should begin within 30 days of filing.
- Alternative dispute resolution: most family cases go to it first, often an early neutral evaluation. That is a quick review of the custody issues by experienced neutrals.
- Safety exception: no one has to take part if they claim domestic abuse.
- Evaluations: in contested cases, the court can order a custody investigation that covers every factor.
The parent education fee is on a sliding scale. If you qualify for a fee waiver, you pay nothing for it.
How to file for custody in Minnesota
Custody cases are heard in district court. Minnesota must usually be the child's home state for the six months before you file.
- Choose your county. For unmarried parents, it is where the child lives, is found or had an earlier custody order.
- Prepare the forms. The Minnesota Judicial Branch publishes form packets, including a request to establish custody and parenting time.
- Give notice to the other parent.
- Start the parent education class if custody is contested.
- Attend the dispute resolution process the court sets.
Parents who agree on everything can file a joint petition and proposed order. LawHelpMN explains the steps for unmarried parents.
How much does it cost to file for custody in Minnesota?
Minnesota's filing fees rose in 2025.
| Filing | Fee |
|---|---|
| First filing in a custody case | $310 |
| Divorce | $390 |
| Motion, or response to a motion | $100 |
| Order for protection | Free |
The divorce fee is a $340 base fee plus a $50 added fee. Counties can add a law library fee, so check your county's total.
If you cannot afford the fees, you can ask to proceed in forma pauperis. Public assistance, legal aid representation, or income at or below 125% of the poverty line creates a presumption you qualify.
What changed in 2024 to 2026
Minnesota's biggest recent change took effect on August 1, 2024, for cases started on or after that date.
- Policy: a new statement favors frequent and substantial contact with both parents who can act in the child's interests.
- The 25% rule: reworded to focus on the child's time with each parent.
- Denied time: mandatory fees, an up-to-$500 sanction paid to the other parent, and a 14-day rule during cases.
- Disability: a parent's disability alone cannot limit custody.
- 2025: filing fees rose. A custody case now costs $310, and a divorce $390 before county fees.
Bills in 2024, 2025 and 2026 to raise the floor to 40% or 50% did not pass.
Building the record
Minnesota judges must make detailed findings on all 12 factors. Caregiving history, kept schedules and denied time are all shown by dates.
Note each exchange, missed visit and care task as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Minnesota.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Minnesota parenting time record
Minnesota judges must make findings on all 12 factors. Keep these items current so your facts are ready.
Keep the record Minnesota's 12 factors ask for
Casewell keeps dated parenting time, caregiving and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
Is Minnesota a 50/50 custody state?
No. Joint legal custody is presumed if either parent asks, but there is no presumption for joint physical custody or equal time.
What is the 25% rule in Minnesota?
Absent other evidence, a child is presumed to get at least 25% of parenting time with each parent. It is a minimum, and can be counted in overnights.
At what age can a child choose which parent to live with in Minnesota?
No age lets a child choose. The court weighs the preference of a child mature enough to give an independent, reliable view.
Who has custody if the parents are not married in Minnesota?
The mother has sole custody until paternity is established or a court decides custody. A Recognition of Parentage alone does not give the father custody.
How much does it cost to file for custody in Minnesota?
The first filing costs $310, and a divorce $390. A motion costs $100. County law library fees may apply, and fees can be waived.
Can I move out of state with my child in Minnesota?
Not without the other parent's consent or a court order, if they have court-ordered parenting time. The moving parent usually carries the burden of proof.
Sources
This page summarizes Minnesota Statutes Chapters 257, 357, 518 and 518B, as amended through 2026, and Minnesota court rules as of October 2026. It explains the law in general terms and is not legal advice.
- Minn. Stat. 518.17 โ custody and the 12 best-interest factors checked
- Minn. Stat. 518.175 โ parenting time, the 25% rule and moving out of state checked
- Minn. Stat. 518.18 โ modifying custody checked
- Minn. Stat. 518.131 โ temporary orders checked
- Minn. Stat. 257.541 โ custody of a child of unmarried parents checked
- Minn. Stat. 257.75 โ Recognition of Parentage checked
- Minn. Stat. 518B.01 โ Domestic Abuse Act and orders for protection checked
- Minn. Stat. 357.021 โ court filing fees checked
- Minnesota Judicial Branch โ district court fees checked
- LawHelpMN โ rights and responsibilities of unmarried parents checked