Physical Custody

"Physical Custody" involves a parent's right to have the child live with him or her and be responsible for the day-to-day care of the child as well as the right to direct the child's daily activities. Generally, courts favor awarding one parent sole physical custody of the minor children and awarding the other parent (known as the non-custodial parent) rights to maintain contact with the children through ongoing visitation.

When the court is faced with making a custody determination between two parents, the court evaluates the following factors to determine the best interest of the child (Minn. Stat. 518.17):

1. The wishes of the child's parent or parents as to custody;
2. The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;
3. The child's primary caretaker;
4. The intimacy of the relationship between each parent and the child;
5. The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;
6. The child's adjustment to home, school, and community;
7. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
8. The permanence, as a family unit, of the existing and proposed custodial home;
9. The mental and physical health of all individuals involved;
10. The capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;
11. The child's cultural background; and
12. The effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents.

The court may not use one factor to the exclusion of all others. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.

The court shall not consider conduct of a proposed custodian that does not affect the custodian's relationship to the child.