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Commonly Asked Questions about Family Law Forms in Minnesota

Under MN law, there are two types of child custody: physical custody and legal custody. Legal custody is the right to make important decisions for the child, including decisions about education, health care, and religion.
Joint Legal Custody This is the type of custody the courts prefer to rule on, as long as its in the best interest of the children. The benefit of joint legal custody is that the children get to grow up with equal influence from both parents.
Fill out the Notice of Motion and Motion for Change of Custody form. This form tells the court and the other party that you wish to change custody of the children and the date and time of the hearing.
In most cases, the law presumes that a parent is entitled to receive at least 25% parenting time with a child. Keep in mind that 25% is only the presumed minimum amount of time that a child should spend with their parent.
An order to show cause will be issued only in a case where a statute or rule of civil procedure provides that such an order may be issued or where the court deems it necessary to require the party to appear in person at the hearing. Cross Reference: Minn.
Minnesota Child Custody Laws at a Glance The state of Minnesota recognizes two basic types of child custody: joint or sole custody (parents have the legal authority to make long-term decisions about the childs upbringing and well-being) and parenting time (the amount of time each parent will spend with the child).
Contrary to common belief, in Minnesota there is no particular age at which a child gets to decide which parent he wants to live with. Generally, the older the child, the more weight the childs preference carries, whether in the initial custody determination or in the context of a motion to modify custody.
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.