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Read through the Definitions tab for commonly used words in custody and parenting time cases, and read through the Frequently Asked Questions (FAQs) tab for more information. Under MN law, there are two types of child custody: physical custody and legal custody.
A person files a request (called a Petition) to ask the court to name them or someone else as a guardian or conservator for a person who needs help. The person who needs help must be given notice of the Petition.
Custody differs from legal guardianship because in order to get a legal guardianship, the parental rights of both parents or the only living parent must be terminated or both parents must be deceased.
M.S. Section 524.5-202(g) identifies that an appointment of a guardian for a minor child does not override or terminate any existing parental rights, by providing as follows: The appointment of a guardian by a parent does not supersede the parental rights of either parent.
The guardian must file a notice of intent to dispose prior to the disposition or sale of the ward's personal effects. The guardian must file with the court a report of the ward's personal well-being, at least annually or whenever ordered by the court.