Minnesota Child Custody Rights

Child custody rights in Minnesota.

Minnesota statutes and court decisions set forth the basic child custody rights parents and children maintain. Judges in divorce, paternity and related cases are charged with the task of balancing these important rights.

Equal Treatment

Minnesota child custody rights dictate that both parents--whether the father or the mother--have an equal claim as primary caretaker of a minor child during divorce proceedings. There is no preference based on the sex of a parent.

Meaningful Relationship

Minnesota child support laws affirm that both parents in a divorce possess the right to develop a meaningful relationship with a child. Therefore, the non-custodial parent is provided appropriate and regular opportunities to spend meaningful time with the child.

Joint Legal Custody

Protecting the rights of both parents leads Minnesota courts to prefer joint legal custody. Joint legal custody grants both parents equal standing to make major decisions regarding a child.

Access to Child's Records

No matter the actual custodial arrangement approved by the court, the right to access to all of the child's records is enjoyed by both parents. These include medical, academic and other important records.

Best Interests of the Child

The overriding rights in all custody matters under Minnesota law involve protecting the best interests of the child. The rights of the child regarding her health, welfare and safety are paramount above any specific rights of the parents.

References

• Help Yourself Divorce: Minnesota Child Custody Laws
• "Essential Guide to Divorce"; Emily Doskow; 2008
• Minnesota Child Custody

Resources

• Minnesota Judicial Branch: Basics on Child Custody and Parenting Time