With respect to physical custody of the child, unlike legal custody, there is no presumption that joint physical custody should be ordered. In determining physical custody of a child, the Court will consider the best interests of the child, which include the following 13 factors:

  1. The wishes of the child 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 a 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 a parent or parents, siblings, and any other person who may significantly affect the child’s best interests
  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 and physical health of all individuals involved; except that a disability, as defined in section 363.01, of 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, as defined in section 518B.01, that has occurred between the parents
  13. Except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child

When either parent is seeking joint physical or legal custody, the court must consider the factors listed above in addition to the following:

The ability of parents to cooperate in the rearing of their children
Methods for resolving disputes regarding any major decision concerning the life of the child, and the parents’ willingness to use those methods
Whether it would be detrimental to the child if one parent were to have sole authority over the child’s upbringing
Whether domestic abuse, as defined in section 518B.01, has occurred between the parents
If you have questions concerning a Child Custody or Parenting time matter, please contact the attorneys at Arnold & Rodman PLLC at info@arnoldrodman.com – 952-955-8008 or 1-877-955-8008 today to schedule a consultation with an attorney.

Author: Valerie D. Arnold, Esq.

Source: 2012 Minnesota Statutes ​518.17: CUSTODY AND SUPPORT OF CHILDREN ON JUDGMENT., revisor.mn.gov