Custody of a child is defined in two ways; legal custody and physical custody. Legal child custody pertains to the right to determine a child's upbringing - including education, health care and religion.

Under joint legal custody, both parents have equal rights and responsibilities, including the right to participate in major decisions that determine the child's upbringing and the right to obtain information regarding these issues. Minnesota law presumes joint legal custody is in the best interest of the child.

Physical custody pertains to the routine daily care, control, and residence of the child. The parties can agree to a joint physical custody arrangement whereby the parties meet these needs jointly and both parties have significant time with the child/children. A primary custodian is a party who has primary physical custody of the child and the child resides primarily with that party.

When determining child custody, the court will consider the best interests of the child. The Court may consider all relevant factors in its analysis of what is in the child's best interest, including the following:

1. The wishes of the child's parent or parents as to custody
2. The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference
3. The child's primary caretaker
4. The intimacy of the relationship between each parent and the child
5. The interaction and interrelationship of the child with the parent or parents, siblings and any other person who may significantly affect the child's best interest
6. The child's adjustment to home, school and community
7. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
8. The permanence, as a family unit, of the existing or proposed custodial home
9. The mental health of all individuals involved; except that a disability in a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child
10. The capacity and disposition of the parties to give the child love, affection and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any
11. The child's cultural background
12. The effect on the child of the actions of an abuser, if related to domestic abuse, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent
13. Except in cases in which a finding of domestic abuse has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child

In addition, there are several other factors the court will consider when joint custody is sought, including the ability of the parties to communicate and whether or not they have the ability to resolve their disputes involving the children.

Many times the parties will agree to, or the court will appoint, an evaluator to do a custody evaluation and make recommendations on a custody arrangement based on the above factors.

Changes to the custody arrangement, once determined by court order, are purposefully difficult to change. The law values consistency in a child's life and a party would need to demonstrate evidence that a child is endangered in the current arrangement in order to modify that arrangement.

Please contact us to learn more and to find out how we can help you with your child custody needs.

For your information, the following is a link to the Minnesota Statute on child custody:

• Minnesota Statute 518.17