Minnesota Child Custody and Parenting Time Guide (2026)
Last updated: | By Jason Kohlmeyer, Minnesota family lawyer since 2000
Minnesota Child Custody and Parenting Time Guide (2026): Laws, Factors, Schedules and What to Expect
I have been a Minnesota family lawyer since 2000, and custody is the part of a case that keeps parents up at night. Will I lose my kids? Is it automatically 50/50? Does the judge favor mothers? What happens at the first hearing? This guide answers those questions the way I would if you were sitting across the desk from me in Mankato or Rochester.
It explains how Minnesota custody law actually works, what judges look at, and how a case moves from start to finish. It is not a do-it-yourself kit. Custody cases turn on facts, timing and strategy, and the choices you make in the first few weeks often shape the final result. Everything here reflects Minnesota law as of fall 2026.
Minnesota custody in short: Legal custody is the right to make the big three decisions about a child: religion, medical care and education. Most parents share it (joint legal custody). Physical custody is where the child lives day to day, and parenting time is the schedule. Judges decide custody on 12 best-interests factors and may not prefer either parent because of gender. Each parent is presumed to get at least 25 percent of the parenting time, counted in overnights, but that is a presumption, not a guarantee. There is no 50/50 presumption. If the parents were never married, the mother has sole custody until a court orders otherwise.
Minnesota Custody at a Glance
| Question | Answer |
|---|---|
| Who decides custody? | The parents, if they agree. If not, a district court judge, using the 12 best-interests factors in Minn. Stat. 518.17. |
| Is joint legal custody presumed? | Yes, if either parent asks for it, unless there has been domestic abuse between the parents. |
| Is 50/50 physical custody presumed? | No. Minnesota has never passed a 50/50 presumption. |
| What is the minimum parenting time? | A rebuttable presumption of at least 25 percent for each parent, counted in overnights (Minn. Stat. 518.175). |
| Do courts favor mothers? | No. Since August 1, 2024, the statute says so in writing, and in my experience judges are very neutral. |
| Unmarried parents? | The mother has sole custody until a court order. A signed Recognition of Parentage does not give the father custody or parenting time by itself. |
| Can custody be changed later? | Yes, but usually not within one year of the order, and it takes more than a change of heart. |
Legal Custody, Physical Custody and Parenting Time: The Words Minnesota Uses
Legal custody is about decisions, physical custody is about where the child lives, and parenting time is the calendar. They are separate questions, and mixing them up is one of the most common mistakes parents make.
Legal custody: the big three decisions
Minnesota law defines legal custody as the right to determine the child’s upbringing, including education, health care and religious training. In practice that means the big three: which school, which church (if any), and major medical decisions like surgery, counseling or a new medication. Day-to-day choices, like bedtime or what is for supper, belong to whichever parent has the child at the time.
Joint legal custody means both parents have an equal right to take part in those big decisions. Minnesota presumes joint legal custody is in the child’s best interests when either parent asks for it, and the presumption does not apply when there has been domestic abuse between the parents. That is why most Minnesota parents end up with joint legal custody, even when one parent has most of the parenting time. Sole legal custody, where one parent makes those decisions alone, usually requires parents who truly cannot communicate or a history of abuse. My article on legal custody in divorce cases goes deeper.
Physical custody and parenting time
Physical custody is the routine daily care and control of the child and where the child lives. Joint physical custody means that daily care and residence are shared between the parents. Parenting time is the actual schedule: which nights the child sleeps where, holidays, summers and exchanges.
Keep legal custody out of the parenting time conversation. A parent with joint legal custody can have 25 percent of the time or 50 percent of the time. Sharing the decisions does not mean sharing the calendar equally, and giving up some time does not mean giving up your say in the big three.
Married vs. Unmarried Parents: Two Different Custody Cases
If you are married, custody is decided inside the divorce. If you were never married, the mother starts with sole custody, and the father has to go to court to change that. Parents are often surprised by how different these two paths are.
| Married parents | Unmarried parents | |
|---|---|---|
| Who has custody before a court order? | Both parents, equally | The mother, by law (Minn. Stat. 257.541) |
| Is paternity an issue? | No, the husband is presumed to be the father | It has to be settled first, by a Recognition of Parentage or a paternity case |
| How is custody decided? | As part of the divorce case | In a separate custody and parenting time case |
| What standard does the judge use? | The best-interests factors | The same best-interests factors, once the case is filed |
The Recognition of Parentage (the form many unmarried parents sign at the hospital) establishes that the man is the father. It does not give him custody or parenting time. Until a court order says otherwise, the mother has sole custody, and the father has no enforceable schedule. A father who wants custody or parenting time has to bring a case, and he can do that without first going through a separate paternity adjudication if a valid Recognition of Parentage is on file.
Fathers’ rights, in brief
Once a father is in court, he stands on exactly the same footing as the mother. The same 12 factors apply, the same 25 percent presumption applies, and since 2024 the statute expressly bars a judge from preferring one parent over the other because of gender. People still believe Minnesota courts lean toward mothers. In my experience that is a common misbelief: the judges I appear in front of are very neutral. What usually decides these cases is the history of who has actually cared for the child and what each parent is offering going forward. I cover the bias question in Are Minnesota Courts Biased Against Fathers in Custody Decisions? and the older Are Mothers Favored in Divorce Court in Minnesota?
New Minnesota Custody Laws and the “Right to 50/50” Myth
The last real changes took effect August 1, 2024, and none of them made custody automatically 50/50. There is still no 50/50 presumption in Minnesota.
What changed on August 1, 2024
The 2024 Legislature made several changes that apply to cases started on or after August 1, 2024:
- The best-interests statute now says a court must not prefer one parent over the other solely because of the parent’s gender.
- The minimum parenting time language was rewritten from the parent’s point of view to the child’s: there is a rebuttable presumption that a child must receive at least 25 percent of the parenting time with each parent.
- Make-up (compensatory) parenting time for a parent who was intentionally denied court-ordered time became stronger, and the remedies for repeated interference now include a change of custody.
- Orders must include a notice that depriving the other parent of parental rights can be a felony.
A presumption is where the judge starts, not where the judge must end. It can be overturned if the other parent shows enough reasons, such as real safety concerns or a parent who has not been involved in the child’s life.
The “right to 50/50” myth
Every few years a bill comes along that would make equal parenting time the default, and every few years parents hear about it and assume it passed. It has not. In 2012 the Legislature passed a bill to raise the minimum from 25 to 35 percent, and Governor Dayton vetoed it. In 2017 a bill (HF 2413) proposed a presumption of joint physical custody; it did not pass. In 2026 a bill (SF 4343) would have made 50 percent of the parenting time the presumption for each parent; it never left committee and died in May 2026.
So here is the law as it actually stands: each parent is presumed to get at least 25 percent, that presumption can be overturned with enough reasons, and everything above 25 percent is decided on the best-interests factors. Plenty of Minnesota parents do have a 50/50 schedule, but they get there by agreement or by proving it is best for their child, not by right.
How Judges Decide: The 12 Best-Interests Factors
Minnesota judges must consider 12 factors in Minn. Stat. 518.17 and explain how each one applies. No single factor wins the case, and the judge may not use one factor to the exclusion of the others.
| # | Factor | What the judge looks at |
|---|---|---|
| 1 | The child’s physical, emotional, cultural, spiritual and other needs | What this child needs, and how each proposed arrangement meets it |
| 2 | Special medical, mental health, developmental or educational needs | Therapy, IEPs, medical care, and which parent handles them |
| 3 | The child’s reasonable preference | Only if the child is mature enough to state an independent, reliable preference |
| 4 | Domestic abuse | Whether it happened, and what it means for the child’s safety |
| 5 | Each parent’s physical, mental or chemical health | Only as it affects the child’s safety or development |
| 6 | Each parent’s history of caring for the child | Who has actually done the parenting: school, doctors, bedtime, activities |
| 7 | Willingness and ability to provide ongoing care | Work schedules, child care plans, reliability |
| 8 | The effect of the proposed arrangement on home, school and community | Stability, school changes, the child’s routines and ties |
| 9 | The effect on relationships with parents, siblings and others | Keeping siblings together and important relationships intact |
| 10 | The benefit of maximizing time with both parents | The value to the child of real time with each parent |
| 11 | Each parent’s support for the child’s relationship with the other parent | Who encourages the relationship and who undermines it |
| 12 | The parents’ ability to cooperate and resolve disputes | Whether a shared arrangement can actually work |
Factors 6 and 11 carry more weight in practice than most parents expect. A judge wants to know who has really been doing the work, and a parent who badmouths the other parent or blocks contact is handing the other side factor 11. I walk through how this plays out in court in How Does the Judge Decide Who Gets the Kids? and The Best Interest Standard in Minnesota Custody Cases.
Joint Physical Custody and 50/50 Schedules
Joint physical custody is common in Minnesota, but it is not presumed, and the label matters much less than the actual schedule.
What joint physical custody means
Joint physical custody means the child’s daily care and residence are structured between both homes. It does not have to be exactly equal. A 60/40 schedule can be joint physical custody, and so can 50/50. What the parents and the judge should focus on is the schedule itself: how many overnights, which days, how exchanges work, and whether the child’s school and activities fit.
How 50/50 actually happens
Without a presumption, a 50/50 schedule happens in one of two ways: the parents agree to it, or one parent proves to the judge that it serves the child best. Judges are most comfortable with equal time when both parents have been hands-on, live close enough that school is not disrupted, and can communicate well enough to run two homes. If the other parent will not agree, read What Can You Do If Your Spouse Doesn’t Agree to 50/50 Custody?
The status quo trap
Here is something I warn every client about. When parents separate, they often settle into a schedule on their own, like week on, week off, or every other weekend, for months before anything is filed. That schedule builds a track record. Judges look hard at what has been working, so an informal arrangement can become the starting point for the final order. Decide on purpose, early, and do not agree to anything “for now” that you would not want to live with.
Sole Custody: How to Get Full Custody in Minnesota, and What It Really Takes
Sole custody is hard to get in Minnesota. Judges start from the idea that children benefit from real time with both parents, and they need a serious reason to move away from it.
When sole physical custody does happen, it usually involves one parent with serious mental health issues, medical issues that affect caregiving, chemical dependency, domestic violence, or a work schedule so heavy it leaves no room for parenting time. Even then, the other parent usually keeps parenting time, sometimes supervised or restricted, rather than losing contact entirely.
What it takes to prove is evidence, not accusations. Records, witnesses, patterns over time and a credible plan for the child carry weight. Angry allegations without proof tend to backfire under factor 11. If you are asking for sole custody, or defending against a request for it, that is a case to plan carefully with a lawyer from the start.
Parenting Time: The 25 Percent Minimum and Common Schedules
The 25 percent minimum, counted in overnights
Each parent is presumed to get at least 25 percent of the parenting time. That is a MINIMUM, the starting point for the parent with less time, not a target.
Minnesota counts parenting time in overnights, not hours or days. The statute allows another method only in the unusual case of a parent who has significant daytime time but no overnights. Here is what 25 percent looks like:
| Period | 25 percent in overnights |
|---|---|
| A year | About 92 overnights |
| A month | About 7 to 8 overnights |
| Two weeks | 3 to 4 overnights |
| A week | A little under 2 overnights |
An example makes the point. Every other weekend alone (Friday and Saturday nights) is 2 of every 14 nights, about 14 percent, which is below the minimum. Every other weekend plus one midweek overnight every week is 4 of every 14 nights, about 29 percent, just over it. Extra time in the summer and over holidays counts toward the year’s total.
Common schedules
| Schedule | How it works | Split |
|---|---|---|
| Every other weekend plus a midweek overnight | Alternating weekends, plus one weeknight overnight each week | About 70/30 |
| 2-2-5-5 | Each parent has the same two weekdays every week and alternating weekends | 50/50 |
| 3-4-4-3 | Three days with one parent, four with the other, then switch the next week | 50/50 |
| Alternating weeks | One full week with each parent, exchanging on the same day each week | 50/50 |
Younger children usually do better with shorter stretches away from either parent, and teenagers often want longer blocks and a say in the schedule. The right schedule fits the child’s age, school and activities, not just the parents’ wish for equal numbers.
Holidays, birthdays, Mother’s Day and Father’s Day
Holidays override the regular weekly schedule. A typical Minnesota holiday schedule looks something like this:
| Holiday | Even years | Odd years |
|---|---|---|
| Easter | Parent A | Parent B |
| Memorial Day | Parent B | Parent A |
| Fourth of July | Parent A | Parent B |
| Labor Day | Parent B | Parent A |
| Thanksgiving | Parent A | Parent B |
| Christmas Eve | Parent B | Parent A |
| Christmas Day | Parent A | Parent B |
| Mother’s Day and Father’s Day | Always with that parent | |
Some families split winter break in half instead of dividing Christmas Eve and Christmas Day. Children’s birthdays are often shared or alternated, spring break is usually alternated, and each parent typically gets extra uninterrupted weeks in the summer, with a deadline to give notice of the dates. For more, see Holiday Custody Issues and How to Handle Mother’s and Father’s Day After the Divorce.
Supervised or restricted parenting time
A judge can restrict or deny parenting time only after a hearing and a finding that parenting time is likely to endanger the child’s physical, mental or emotional health or safety, or impair the child’s emotional development. That is a high bar. More often, a court orders supervised time, exchanges at a safe location, or conditions like sobriety testing while a parent addresses a problem. Failing to pay child support because a parent is unable to pay is not a reason to deny parenting time.
Parenting Plans
A “parenting plan” is an older idea. Minnesota law (Minn. Stat. 518.1705) still allows parents to use one, but in practice it simply means what the parents agree to for custody and the schedule, not a technical 15-page document.
Some parents like a formal plan that replaces the words “custody” with descriptions of who does what. Most agreements I see today use the standard custody labels and then spell out the schedule, holidays, exchanges and how decisions get made. What matters is that the agreement is clear enough to follow and to enforce. My older article, Minnesota Parenting Plans, What the Heck Are They?, explains the formal version.
Domestic Abuse and Safety
Domestic abuse between the parents flips the usual rules. Instead of a presumption for joint legal custody, there is a rebuttable presumption against joint legal and joint physical custody.
Judges look at the nature and context of the abuse and what it means for the child’s safety and well-being. An Order for Protection (OFP) can include temporary custody and parenting time terms, and those terms often carry into the custody case. Supervised parenting time, safe exchange locations and restrictions on contact are common tools. Many courts also skip mediation or early neutral evaluation when there has been abuse. If you are in danger, call 911 first. The legal steps come after you are safe. See also Does Physical Abuse Matter When Determining Custody?
How a Custody Case Moves
Most Minnesota custody cases settle, but they move through a predictable set of stages to get there, and the early stages matter most.
- The case starts. A custody case begins with a divorce, a paternity case or a custody case, filed in the county where the child lives.
- The initial case management conference (ICMC). An early meeting with the judge to set the path of the case. ICMCs are often required in the Third Judicial District, which includes the Rochester area.
- Temporary relief. If the parents cannot agree on a schedule while the case is pending, a temporary relief hearing sets one. More on this below; it is often the most important hearing in the case.
- Early neutral evaluation or mediation. Most cases go through a form of alternative dispute resolution, often a social early neutral evaluation, where experienced evaluators hear both sides and give a candid view of how the case is likely to come out.
- Custody evaluation, if needed. When the case does not settle, the court may order a full custody evaluation.
- Settlement or trial. Most cases end in an agreement the judge signs. The rest go to a trial where the judge decides.
Every county runs its calendar a little differently, and the path depends on the facts. That is the part a lawyer who practices in your county can map out for you at the start.
Temporary Relief Hearings and Emergency Orders
Temporary relief hearings
A temporary relief hearing sets custody, the parenting time schedule and support while the case is pending, and that temporary order often shapes the final one.
A contested custody case can take many months. In the meantime, someone has to decide where the children sleep on Tuesday. A temporary relief hearing does that. The judge can set temporary custody and parenting time, temporary child support and spousal maintenance, and who stays in the house. The order stays in place until the final decree or a later order changes it.
These hearings matter far more than their name suggests. A temporary schedule becomes the status quo. If it works, a judge at trial is often slow to change it, because it is now the child’s routine. That is the status quo trap again, only now it has a court order behind it.
Temporary relief hearings also move fast. They are usually decided mostly on written affidavits, in a short hearing, with few or no live witnesses. What goes into those papers, and what is left out, decides a lot. This is the hearing where having a lawyer from the start pays for itself.
Emergency (ex parte) custody orders
Emergency orders are different, and they are rare. A judge will change custody without first hearing from the other parent only when there is real, immediate danger to the child. When that happens, a prompt follow-up hearing is set so both parents are heard. Asking for an emergency order without a genuine emergency usually hurts the parent who asked.
Custody Evaluations, Guardians ad Litem, Parenting Consultants and Parenting Time Expeditors
Custody evaluators, guardians ad litem, parenting consultants and parenting time expeditors are the neutral professionals a court or the parents may bring in. Each has a different job, and some are much more common than others.
| Role | What they do | How common |
|---|---|---|
| Custody evaluator | Investigates and recommends custody and parenting time: interviews, home visits, contacts with teachers and doctors, a written report | Used in contested cases that do not settle |
| Guardian ad litem (GAL) | Represents the child’s best interests in court | Rare in custody cases these days; mostly where abuse or neglect is alleged |
| Parenting consultant | A neutral the parents agree to use after the case to resolve day-to-day disputes, often with power to decide | Common in high-conflict cases, by agreement |
| Parenting time expeditor | Resolves parenting time disputes quickly, under Minn. Stat. 518.1751 | Occasional |
A custody evaluation is a long process, often several months, and typically costs $4,000 to $7,500. It can make or break a case, so it pays to understand it before it starts. I explain it step by step in Navigating the Custody Evaluation Process. For the others, see What’s a Guardian ad Litem? and Parenting Consultant FAQs.
At What Age Can a Child Choose Which Parent to Live With?
There is no set age in Minnesota. This is one of the most common questions I get.
The child’s preference is one of the 12 factors, but only if the judge finds the child mature enough to communicate an independent, reliable preference. A thoughtful 15-year-old’s reasons carry real weight. A younger child’s preference may carry little, especially if it sounds like it came from a parent. And even a mature child’s preference is one factor, not the decision. Judges usually hear from children through an evaluator or in a private interview, not on the witness stand, and most judges try hard to keep children out of the fight.
Moving With a Child
A parent cannot move a child’s residence out of Minnesota without the other parent’s consent or a court order, if the other parent has court-ordered parenting time.
If the parents do not agree, the parent who wants to move has to ask the court and usually carries the burden of proof. The burden shifts to the other parent if the court finds the moving parent has been a victim of domestic abuse by the other parent. The judge considers eight factors in Minn. Stat. 518.175, subd. 3, including the child’s relationship with each parent, the child’s age and needs, whether the relationship with the other parent can be kept up through a new schedule, the child’s preference, each parent’s reasons, and whether the move will improve the child’s quality of life. A court will not allow a move meant to interfere with the other parent’s time.
Moves within Minnesota do not trigger the same statute, but a move that makes the current schedule unworkable will often end up in court anyway. My practical advice: if a move is even possible down the road, deal with it now, as part of the original agreement or order. It is far easier to settle then than to fight a post-decree motion later. More in How to Move When You Have Custody and Moving My Kids Out of State.
Changing Custody Later
Custody can be changed, but Minnesota makes it hard on purpose, because children need stability. Changing parenting time is easier than changing custody.
Under Minn. Stat. 518.18, a motion to modify custody generally cannot be filed within one year of the original order, or within two years after an earlier motion to modify was decided, unless the parents agree. Those waiting periods do not apply when there is endangerment, meaning reason to believe the child’s present environment may endanger the child’s physical or emotional health, or when a parent has persistently and willfully denied or interfered with parenting time. Those cases can be brought at any time.
To change a child’s primary residence, the parent asking usually has to show a real change in circumstances and that the child’s present environment endangers the child’s physical or emotional health or emotional development, and that the harm of a change is outweighed by its advantages. That is the endangerment standard, and it is a high bar. Changes to the parenting time schedule that do not change the child’s primary residence are decided on the child’s best interests, which is easier to meet.
When the Other Parent Will Not Follow the Order
Minnesota courts take parenting time interference seriously, and the 2024 changes gave them more tools.
If a parent intentionally denies court-ordered parenting time, the court must give make-up time of the same type and length within a year, unless that would not be in the child’s best interests. For repeated interference, the court can order the interfering parent to pay the other parent’s costs and attorney fees, impose a sanction of up to $500, require a bond for upcoming parenting time, find the parent in contempt, and in serious cases change custody to the parent whose time was denied. A parenting time expeditor can also resolve disputes quickly without a full court hearing.
Keep a calm, factual record: dates, times, texts and what happened. Do not respond by withholding the child yourself. See What to Do If Your Ex Doesn’t Show for a Parenting Time Exchange, Parenting Time Interference in Minnesota and Why Doesn’t Your Ex Follow the Judge’s Order?
Grandparents and Third Parties
Grandparents and other third parties can ask for custody or visitation in Minnesota, but the law strongly favors a fit parent’s decisions, so these cases are difficult.
A grandparent or other relative who has been the child’s primary caregiver may be able to seek custody as a de facto custodian or interested third party under Minnesota’s third-party custody law. Grandparent visitation is also possible in limited situations, such as after a parent’s death or a divorce, when the grandparent had a real relationship with the child and visitation would not interfere with the parent-child relationship. See Can Grandparents Get Custody? and Grandparent Visitation Rights in Minnesota.
What a Custody Case Costs and How Long It Takes
A Minnesota custody case costs from about $1,500 for a simple case where everything is agreed, to over $25,000 when it is a fight that goes to trial.
The biggest driver of cost is conflict, not the law. A case where the parents agree and the lawyer mostly prepares and reviews the paperwork sits at the low end. A case with a temporary relief hearing, an early neutral evaluation and a negotiated settlement lands in the middle. A case that goes through a custody evaluation ($4,000 to $7,500 on its own) and a trial can pass $25,000 for one parent. An agreed case can be finished in a few months; a contested case often takes a year or more. More in Costs Involved in Minnesota Child Custody Litigation.
Custody and Child Support
Custody and child support are separate questions, but the parenting time schedule affects the support amount.
Minnesota calculates child support with a formula based on both parents’ incomes, and it includes a parenting expense adjustment tied to each parent’s percentage of parenting time. More overnights generally means a lower payment for the parent paying support, and at close to equal time the formula changes again. You can see how the number moves with overnights in my free Minnesota child support calculator. Parenting time and support are never traded against each other: a parent who is behind on support still has parenting time, and a parent who is denied parenting time still owes support.
Do You Need a Custody Lawyer?
Why custody is not a do-it-yourself case
Legally, you can represent yourself. Practically, custody is where do-it-yourself goes wrong most often, because the damage is done early and is hard to undo. An informal schedule becomes the status quo. A temporary relief affidavit leaves out the facts that matter. A parent agrees to a schedule to “keep the peace” and then learns that changing it later requires proving endangerment. None of that shows up until it is too late to fix cheaply.
What a custody lawyer does
A custody lawyer knows the factors and how your county’s judges apply them, helps you build the record from day one, prepares you for evaluations and hearings, keeps you from saying things that hurt you, and writes an agreement that will still work when your children are teenagers. A good lawyer will also tell you when your case should settle.
Talk with a Minnesota custody lawyer
If you want to talk through your situation, the family law attorneys at Kohlmeyer Hagen, Law Office Chtd. handle custody cases across Minnesota from offices in Mankato and Rochester, with video meetings for clients elsewhere in the state. Call 507-625-5000 to request a consultation.
Frequently Asked Questions About Minnesota Custody
Is Minnesota a 50/50 custody state?
No. Minnesota has no 50/50 presumption. Each parent is presumed to get at least 25 percent of the parenting time, and anything above that is decided on the child’s best interests. Bills to create a 50/50 presumption have been introduced several times, most recently in 2026, and none has become law.
What is the minimum parenting time in Minnesota?
There is a rebuttable presumption that a child receives at least 25 percent of the parenting time with each parent, counted in overnights. That is about 92 overnights a year, or 7 to 8 a month. It is a minimum and a starting point, and it can be overturned with enough reasons, such as safety concerns.
What is the difference between legal and physical custody?
Legal custody is the right to make the big decisions about a child’s education, health care and religious training. Physical custody is the child’s daily care and residence. They are separate: most Minnesota parents share legal custody even when one parent has most of the parenting time.
Do Minnesota courts favor mothers in custody cases?
No. Since August 1, 2024, Minnesota law says a court must not prefer one parent over the other because of gender, and in my experience judges are very neutral. What decides most cases is each parent’s history of caring for the child and what each is offering going forward.
What are the new child custody laws in Minnesota?
The most recent changes took effect August 1, 2024: courts may not prefer a parent because of gender, the 25 percent minimum is framed as a child’s right to time with each parent, make-up time and remedies for denied parenting time are stronger, and orders must warn that depriving a parent of parental rights can be a felony. A 2026 bill for a 50/50 presumption died in committee.
At what age can a child choose which parent to live with in Minnesota?
There is no set age. A child’s preference counts only if the judge finds the child mature enough to communicate an independent, reliable preference, and even then it is one of 12 factors, not the decision.
Can I move out of state with my child?
Not without the other parent’s consent or a court order, if the other parent has court-ordered parenting time. The parent who wants to move usually has the burden of proof, and the court weighs eight factors, including the child’s relationships, needs and quality of life.
What should you not do during a custody case?
Do not badmouth the other parent to the children or online, withhold the children or ignore the schedule, involve the children in the dispute, move without agreement or a court order, or agree to an informal schedule you would not want to become permanent. Each of these can hurt you under the best-interests factors.
How much does a custody case cost in Minnesota?
From about $1,500 for a simple case where everything is agreed to over $25,000 for a contested case that goes to trial. A custody evaluation adds about $4,000 to $7,500.
This guide is for informational purposes and is not legal advice. Every custody case turns on its own facts, Minnesota law changes, and while this guide is current as of fall 2026 you should confirm the latest statutes and rules with a licensed Minnesota attorney before making decisions. Jason Kohlmeyer is licensed only in Minnesota. For a consultation about your situation, contact Minn Family Law.
