Minnesota Stipulation Regarding Joint Custody of Children

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US-02757BG
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A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.


There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.


The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.

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FAQ

The answer is, ?yes.? Legally, a custodial parent can move anywhere within the state of Minnesota without the permission of a noncustodial parent.

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.

Child support may still be paid even if the parents share joint physical custody. If a parent has between 10% to 45% parenting time, then that parent will receive a 12% adjustment (reduction) in the child support owed to the other parent.

Physical custody is the term used to address where a child lives. If the parents have joint physical custody, the child does not reside primarily in one parent's house, but spends relatively equal time residing with each parent. If one parent has sole physical custody, the child resides primarily with that parent.

The following section is from Minnesota Statute 518.175: (g) In the absence of other evidence, there is a rebuttable presumption that a parent is entitled to receive a minimum of 25 percent of the parenting time for the child.

In Minnesota, there is a rebuttable presumption in favor of joint legal custody if either or both parents request it. This means the court will presume joint legal custody is in the best interests of the child, unless one parent offers persuasive evidence to the contrary.

No. In Minnesota, joint custody does not necessarily mean you will have a 50-50 parenting time arrangement. A 50-50 split is just one possible parenting time arrangement that may be decided upon if two parents have joint custody.

(b) "Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.

Parents in Minnesota (married or unmarried) are entitled to a minimum of 25% parenting time. The law states that a court ?may? calculate a parent's time using an overnight visit to calculate the amount of time.

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Minnesota Stipulation Regarding Joint Custody of Children