Custody Litigation Client Information Form - Minnesota 2025

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Who has custody? By law, if the mother and the father of a child were not married at the time of the childs birth, the mother has sole custody of the child until a court issues a custody order.
If a child is born to Minnesota parents who are married, both parents have equal custody and parenting time rights upon the childs birth.
Instructions for filing a. Motion. in the Minnesota Court of Appeals. Step 1: Fill out the Motion form. Step 2: Fill out the Affidavit in Support of Motion form. Step 3: Serve your Motion and Affidavit on the opposing parties. Step 4: Proof of Service. Step 5: File the Motion, Affidavit, and Certificate of Service by Mail.
The public can review many district court records and determine what documents are available online through the Minnesota Judicial Branch Access Case Records page. You will need to know the names of the parties or the court file number to pull up the court files online.
Even if parenting time is equal, if the parental incomes are different, the parent with the higher income will usually pay basic child support to the other parent to balance the household resources of both homes, based on the number of overnights granted.
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Some parents are able to manage a roughly 50/50 custody split, meaning that the child lives with each parent an equal amount of time. This can work if both parents live close to one another and to the childs school, and are able to exchange the child regularly without difficulty.
By law, if the mother and the father of a child were not married at the time of the childs birth, the mother has sole custody of the child until a court issues a custody order. This is true even if the parents have signed a Recognition of Parentage and both names appear on the childs birth certificate.

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