MinneLaw is dedicated to helping parties find common ground and reach agreements on child custody and support issues. Litigation is not only expensive and emotionally draining, but it arguably never results in a better arrangement than if the parties came to an agreement they can both be satisfied with.

Child custody and support are closely related and often resolved as part of the same court case. This court case can be for divorce, legal separation, custody, domestic abuse, or third-party custody (often relatives).

Child Custody. There are two types of child custody: physical and legal. Physical custody rights determine who can control a child’s routine care and residence. Legal custody rights determine who can control a child’s upbringing, including education, health care, and religious training. Both legal and physical custody can be sole or joint. As part of the physical custody agreement, there may also be an order for parenting time. Parenting time means time spent with a child and is separate and distinct from legal and physical custody.

Child Support. Child support consists of three components: basic support, child care support, and medical support.

• Basic support is what most people think of as child support and is calculated using the parties’ respective incomes and other factors determined by Minnesota law.
• Child care support covers work or education-related child care costs. It is calculated by apportioning the actual expenses between the parties.
• Medical support covers the cost of medical and dental insurance. It is calculated by apportioning the health care premiums between the parties. If the child is receiving public assistance, the County may require a monthly contribution. All unreimbursed medical and dental expenses are apportioned between the parties.

Biological parents are not the only individuals that can get custody rights. Depending on the circumstances, non-parent custodians are referred to either as de facto or third-party custodians.

De Facto Custodians

Almost anyone other than a biological parent may be a de facto custodian. Below is a summary of the minimum requirements to qualify for de facto custodian rights.

• Time Requirement: You must have been the child’s primary caretaker for at least six months (if the child is under three years old) or one year (if the child is three years old or older) in the last two years. The time doesn’t need to be all at once, it just needs to total the required time.
• Absent Parents: The time only counts if the child’s biological parents are absent and not participating in the child’s care.
• Best Interests: The custody award must be in the best interest of the child.

Third-Party Custodians

Similarly, almost anyone other than a biological parent may be a third-party custodian. To gain custody rights to a child as a third-party custodian, you do not need to show that the child has been living with you for any specified period of time. Instead, you must show one of the following:

1. The child’s parent has abandoned, neglected, or otherwise exhibited disregard for the child’s well-being to the extent that the child will be harmed by living with the parent.
2. The child’s placement with you takes priority over preserving the child’s day-to-day relationship with their parent because of some physical or emotional danger to the child.
3. Other extraordinary circumstances.

Additionally, the placement must be in the child’s best interests.