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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.
There is no set age in Minnesota when a child chooses to not see a parent. Parenting time is determined by the best interests of a child which is measured by twelve separate factors. One of the twelve factors is the reasonable preference of a child depending upon his or her age and maturity.
At what age can a child refuse to see a parent? There is no set age in Minnesota when a child chooses to not see a parent. Parenting time is determined by the best interests of a child which is measured by twelve separate factors.
Legal Custody The right to make important decisions for the child, including decisions about education, health care, and religion. Legal custody can be sole (to one parent only) or joint (to both parents).
Joint legal custody is the most common custody arrangement granted by courts. Why is that? One of the most significant advantages of joint custody is that a child will grow up with influence and input from both parents.
In Minnesota, there is not set age limit on when a child can decide which parent to live with. The court will consider the child's wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.
The final third party custody arrangement is a custody consent decree, which occurs when a parent voluntarily transfers legal and physical custody to another person. The Court must find that the custody decree is in the child's best interests and that all parties agree after being fully informed.
How Does Shared Custody Affect Child Support? People often think that the parent who has physical custody will receive child support but in Minnesota child support is not affected by custody; instead, the amount of court-ordered parenting time (visitation) is considered in calculating child support.