Minnesota Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an Minnesota divorce
How custody is determined §518.17
Courts determine custody based on the best interests of the child, considering 12 statutory factors including the child's relationship with each parent, the child's adjustment to home and school, and each parent's ability to provide the child's needs.
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §518A.35
Minnesota uses an income-shares model to calculate child support.
- Based on combined parental income (CPI) of both parents using Minnesota Child Support Guidelines
- Presumptive guideline amount; deviation requires written findings
- Parenting time costs adjustment reduces obligation based on percentage of parenting time
- Income can be withheld directly from the paying parent's employer §518A.53
The parenting plan
Most Minnesota courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce §518.131
Courts may issue temporary orders for maintenance, child support, custody, and exclusive use of the marital home during the proceedings. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
Custody may be modified upon showing a change in circumstances since the prior order that makes modification necessary to serve the child's best interests. No motion to modify may be made within one year after entry of the decree, and no subsequent motion within two years after disposition of a prior motion on its merits, unless the child's present environment endangers the child or there is persistent and willful denial of parenting time. §518.18
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Related guides
- Based on combined parental income (CPI) of both parents using Minnesota Child Support Guidelines
- Presumptive guideline amount; deviation requires written findings
- Parenting time costs adjustment reduces obligation based on percentage of parenting time