Minnesota child custody laws are found in Chapter 518 of the Minnesota Statutes. Within these chapter are the specific requirements and guidelines that parents must follow in their custody situations. Here is a brief overview of the statutes so that parents can navigate through the custody proceeding.
The creation of a parenting plan. Chapter 518.1705 contains the information about the laws that affect the making of a Minnesota parenting plan. The plan must contain a schedule of the time each parent spends with the child, an allocation of decision-making responsibility concerning the child, a method for resolving disputes, and any other issues the parents want to include. If parents aren’t able to cooperate on a Minnesota custody agreement, the court has the authority to intervene and make a plan.
Parent Education Program. Chapter 518.157 in the Minnesota Statutes requires parents in a custody situation to attend a parent education class. These classes are sponsored by the court, so the county court will have the schedules and information about what classes are necessary. These classes help parents understand the impact that divorce has on the children and educates them on creating the best parenting plan and resolving disputes. If a mother and father are involved in a contested custody battle, there are additional classes they must attend.
The best interest of the child. The state of Minnesota makes it very clear that any custody decision should be made in the best interest of the child. Here are the factors the state considers that determine what is best for the child. These are especially applicable as parents create a Minnesota custody schedule.
1. The wishes of the parents and the reasonable preference of the child.
2. The primary caretaker and the intimacy of the relationship between each parent and the child.
3. The interaction and relationship between the child and siblings and other significant family members.
4. The adjustment to home, school, and community.
5. The length of time the child has lived in a stable, satisfactory environment and the permanence of the existing or proposed custodial home.
6. The capacity and abilities of the parents to fulfill the needs of the child.
A Minnesota visitation schedule needs to allow the child to have enough time with the mother and father. The amount of time given to each parent can depend on the parenting abilities of the mother and father. The state considers the best situation when both parents are capable of providing for the child and both parents stay involved.