• Minnesota child custody laws center on what's in the children's best interests.playing children image by Marzanna Syncerz from Fotolia.com
  
  Child custody can become an issue for Minnesota courts when parents file for divorce or legal separation, when paternity actions are pursued or when a nonparental third party seeks legal right to care for a child. Like most states' child custody laws, Minnesota's laws are focused on what's deemed to be in the child's best interest; judges consider numerous factors in making this determination.
  
  

Legal Custody

• "Legal custody" is the term used to describe the right a parent has to make decisions concerning raising a child---this includes major decisions such as healthcare, education and religion. According to the Minnesota State Bar Association, courts in the state of Minnesota prefer that parents share joint legal custody and work together to make decisions regarding the child's upbringing. However, the parties can agree, or the Court can determine that one parent should have sole legal custody and have the final say concerning major decisions in the child's life.
  
  

Physical Custody

• Physical custody refers not only to where the child lives, but also to the right of the parent she lives with to make decisions concerning day-to-day matters. In Minnesota, child custody laws define joint physical custody as an arrangement where the child generally spends equal amounts of time with each parent. However, one parent often will be granted primary physical custody, meaning the child primarily lives with her; the other parent will receive specific visitation rights with the child and be called the child's secondary physical custodian.
  
  

Sole Custody

• In Minnesota, sole custody can be granted both legally and/or physically, depending on the circumstances of the individual family situation. This determination is made when one parent isn't able to care for the child, as is often the case when a parent is in prison or lives in a different country.
  
  

Interstate Custody

• Interstate custody comes into play when one parent lives in Minnesota, but the child lives in another state with the other parent. Minnesota custody laws can be complex when this circumstance exists---a Minnesota divorce attorney should be consulted.
  
  

Factors for the Court to Consider When Determining Custody

• State custody laws allow the court to consider a number of factors when it determines child custody: These include the length of time the child has been with either parent, the child's relationship with each parent, each parent's ability to provide a stable physical and emotional environment for the child, and the child's adjustment to her current school, church and social community. Additionally, a judge can take the child's wishes into consideration, as well as cultural and religious factors that may be at play in the family.