Minnesota Child Custody and Parenting Time - Best Interests of the Child

Minnesota family court cases can be quite complex, especially when it comes to dealing with the issues of child custody and parenting time. When resolving custody and parenting time disputes, Minnesota family court judges look at a list of factors known as the “Best Interest Factors.” Minnesota Statutes Section 518.17 lists the Best Interest Factors.

Specifically, the judge will look at:

(1) a child's physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child's needs and development;

(2) any special medical, mental health, or educational needs that the child may have that may require special parenting arrangements or access to recommended services;

(3) the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference;

(4) whether domestic abuse, as defined in section 518B.01, has occurred in the parents' or either parent's household or relationship; the nature and context of the domestic abuse; and the implications of the domestic abuse for parenting and for the child's safety, well-being, and developmental needs;

(5) any physical, mental, or chemical health issue of a parent that affects the child's safety or developmental needs;

(6) the history and nature of each parent's participation in providing care for the child;

(7) the willingness and ability of each parent to provide ongoing care for the child; to meet the child's ongoing developmental, emotional, spiritual, and cultural needs; and to maintain consistency and follow through with parenting time;

(8) the effect on the child's well-being and development of changes to home, school, and community;

(9) the effect of the proposed arrangements on the ongoing relationships between the child and each parent, siblings, and other significant persons in the child's life;

(10) the benefit to the child in maximizing parenting time with both parents and the detriment to the child in limiting parenting time with either parent;

(11) except in cases in which domestic abuse as described in clause (4) has occurred, the disposition of each parent to support the child's relationship with the other parent and to encourage and permit frequent and continuing contact between the child and the other parent; and

(12) the willingness and ability of parents to cooperate in the rearing of their child; to maximize sharing information and minimize exposure of the child to parental conflict; and to utilize methods for resolving disputes regarding any major decision concerning the life of the child.

While these best interest factors are broad and encompass many topics, it is important to address each as specifically as possible in a child custody or parenting time case. Many parents involved in a custody or parenting time case may attempt to introduce evidence or discuss matters that are not relevant to the best interest factors. This can end up weakening that parent’s case and resulting in less attention being paid to genuine issues that impact the best interests of the child or children.

The Minnesota Child Custody attorneys at RAM Law PLLC are experienced in dealing with the Minnesota best interest factors and handling custody and parenting time court cases. Whether you are seeking to begin a custody case or are hoping to revisit a parenting time matter, the family law attorneys at RAM Law PLLC may be able to assist you. Family law attorneys John Roach, Daniel McGuire, and Allen Al-Zouhayli are experienced in all aspects of child custody and parenting time litigation and dispute resolution. Call our attorneys now to schedule a free consultation.