Divorce and custody cases often raise one of the hardest questions parents face: “How will the court decide where my child lives?”
In Minnesota, judges do not make custody decisions based on stereotypes or personal opinions. Instead, they apply a clear legal standard: the “best interests of the child.” Under Minnesota Statutes § 518.17, courts must evaluate 12 specific child custody factors when determining legal custody, physical custody, and parenting time.
Understanding these custody factors is essential if you are preparing for child custody mediation, negotiations, or trial.
What Does “Best Interests of the Child” Mean in Minnesota?
The best-interests standard ensures that Minnesota child custody and parenting-time decisions prioritize a child’s safety, stability, and overall well-being. No single factor automatically determines the outcome. Judges weigh all 12 best interests factors together to see what arrangement will best support the child.
The 12 Best Interests Factors in Minnesota Custody Cases
Here is how Minnesota courts analyze each custody factor:
1. Child’s Needs
The court looks at whether each parent can meet the child’s physical, emotional, cultural, and spiritual needs, and how different custody plans affect the child’s growth and development.
2. Special Needs
If the child has medical, mental health, developmental, or educational needs, the court considers which parent can best ensure proper care and access to services.
3. Child’s Preference
When the child is mature enough, the court may weigh their reasonable preference about custody, while making sure the child is not pressured.
4. Domestic Abuse
Any history of domestic violence is carefully evaluated, including its impact on the child’s safety, well-being, and emotional health.
5. Parent Health
Judges consider whether a parent’s physical, mental, or chemical health issues affect their ability to provide safe and consistent care.
6. Caregiving History
The court reviews each parent’s past role in caregiving, such as handling meals, school, medical care, and daily routines.
7. Consistency & Ongoing Care
Judges look at each parent’s willingness and ability to provide steady, ongoing care and maintain follow-through with parenting responsibilities.
8. Stability of Home, School & Community
The court considers how custody arrangements may affect the child’s home life, school stability, and community ties.
9. Relationships
Judges weigh how custody decisions will influence the child’s relationships with parents, siblings, and other important people in their life.
10. Parenting Time Balance
The court evaluates the benefit of maximizing time with both parents and the potential harm if time with one parent is limited.
11. Support for the Other Parent
Judges consider whether each parent is willing to encourage the child’s relationship with the other parent, unless domestic abuse is present.
12. Ability to Cooperate
The court looks at whether parents can work together, share information, reduce conflict, and use constructive methods to resolve disputes.
Key Takeaways for Parents
- No single factor guarantees custody—courts look at the total picture.
- Cooperation, stability, and consistency often carry significant weight.
- Judges notice when parents focus on their child’s best interests rather than conflict.
- The court will apply a different legal standard when considering the modification of custody and/or parenting time.
Why This Matters for Parents Facing Custody in Minnesota
Knowing the Minnesota best interests factors helps you understand how judges think about custody. More importantly, it can guide how you approach co-parenting, settlement discussions, and trial preparation.
Parents who demonstrate that they can meet their child’s needs, foster stability, and support the child’s relationship with the other parent often have stronger cases in court.
Next Steps
If you are going through a Minnesota divorce or custody case, preparation matters. Understanding the 12 custody factors can help you present your case more effectively and avoid common pitfalls.
At Lommen Abdo, P.A., we help parents navigate custody and parenting-time disputes with a focus on protecting their children and securing fair outcomes.
Contact Andrew Hunstad, Family Law Attorney, today to schedule a consultation about your custody case.