Minnesota State Law Library
Legal Topics: Child Custody and Parenting Time
Statutes: (Additional statutes, regulations & opinions may apply to your specific situation.)
The central concept to custody decisions in Minnesota is the "best interests of the child." The factors to be considered are laid out in Minnesota Statute §518.17.
Minnesota Statutes, index topics for Child Custody and Parenting Time.
Resources: (Print resources are available at the Law Library and in county law libraries around the state.)
Basics on Child Custody & Parenting Time, from the Self-Help Center.
Child Custody, from the 4th District (Hennepin County) Courts.
Child Custody and Parenting Time, from the Self-Help Center.
Custody and Parenting Time, from LawHelpMN.org.
Forms -- Child Custody & Parenting Time, from the Self-Help Center.
Minnesota Family Law Practice Manual, 3rd ed. (Lexis, 2001) Self Help Collection KFM5494.A6 D3 2001. This title discusses and explains the law while the footnotes point to the statutes and leading cases. Volume 2 contains forms.
A Parental Guide to Making Child-Focused Parenting Time Decisions, Prepared by the Minnesota Supreme Court
Advisory Task Force on Visitation and Child Support Enforcement (scroll down)
Request for Parenting Time Assistance, forms and instructions from the Minnesota Judiciary.
The "reasonable preference of the child", may be taken into account when making custody decisions, "if the court deems the child to be of sufficient age to express preference." Minn. Stat. §518.17. An explanation with a discussion of cases can be found in the
Minnesota Family Law Practice Manual, § 5.17 Subsection E.
When a custodial parent can move out of state with a child is covered in the
Minnesota Family Law Practice Manual, §6.09. See also Minn. Stat. §518.175 Subd. 3.
Videos & Tutorials, from the Self-Help Center.
A Note About Emergency EX PARTE Motions: Emergency custody issues are treated at the end of the Self-Help Center's forms page. Be sure to carefully review the statutes and rules linked on that page. Generic motion forms are available from Ramsey County (in Word format) and Dakota County . You should be prepared to explain in your affidavit how the child is in immediate danger. See also, Emergency Relief in Family Court , from the Volunteer Lawyer Network.
Resources for Third-Party Custody. Family members who are taking over care of children whose parents cannot care for them may find the following links useful:
Legal Steps Manual, from the Minnesota Kinship Caregivers Association. The Legal Steps Manual will help you to navigate the options available in Minnesota for caring for your relative's child.
Raising Relative's Children, from Lutheran Social Services.
Third-Party Custody Forms, from the Center for Elder Justice and Policy at William Mitchell College of Law.
Related Topics: Child Support; Divorce; Motions; Paternity.
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resources but cannot give legal advice (such as which form to file), or legal
opinions, (such as how a statute might apply to particular facts.) To
do so could be considered the unauthorized practice of law. Even though
we try to suggest materials that will be of help, further research is usually
required to find a complete and correct answer. For many questions, the
best answer may be to consult an attorney. For links to resources on
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Minnesota State Law Library: Legal Topics: Child Custody and Parenting Time
Last updated on August 22, 2013.
Links checked on August 12, 2012.
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