Child custody disputes are emotionally charged. Our Mankato family law
attorneys fight to protect your parental rights and your children’s best interests
under Minnesota Statute 518.17.
Child custody disputes are among the most emotionally difficult and legally consequential matters a parent can face. In Minnesota, custody decisions are governed by Minn. Stat. § 518.17, which requires courts to evaluate the “best interests of the child” based on twelve specific statutory factors. The outcome of your custody case will determine your day-to-day relationship with your children, your decision-making authority over their education, healthcare and religious upbringing, and the stability of their home environment for years to come.
At Birkholz Law, our Mankato family law attorneys have extensive experience handling custody disputes in Blue Earth County, Nicollet County, Brown County and courts throughout Southern Minnesota. We understand exactly how judges in our local courts weigh the twelve best-interest factors, and we know how to present compelling evidence on each factor to support your case. Whether you are going through an initial custody determination as part of a divorce, seeking to modify an existing custody order or facing an emergency custody motion, we provide strategic, compassionate representation.
Minnesota recognizes two distinct types of custody: legal custody (the right to make major decisions about a child’s upbringing, including education, healthcare and religion) and physical custody (where the child lives on a day-to-day basis). Each type can be awarded solely to one parent or jointly to both parents. Minnesota law creates a rebuttable presumption in favor of joint legal custody, meaning the court will generally award both parents shared decision-making authority unless there is evidence of domestic abuse or other factors that make joint legal custody inappropriate.
Minnesota law requires courts to consider and evaluate twelve specific factors when determining custody and parenting time. Factor (1) examines the child’s physical, emotional, cultural, spiritual and other needs, and the effect of the proposed arrangements on those needs. Factor (2) considers any special medical, mental health, developmental or educational needs that may require special parenting arrangements. Factor (3) looks at 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.
Factor (4) is critically important: whether domestic abuse has occurred in the parents’ household or relationship, the nature and context of the abuse, and its implications for parenting and the child’s safety. Factor (5) examines any physical, mental or chemical health issue of a parent that affects the child’s safety or developmental needs. Factor (6) considers the history and nature of each parent’s participation in providing care for the child — essentially, who has been the primary caregiver.
Factor (7) evaluates each parent’s willingness and ability to provide ongoing care and maintain consistency. Factor (8) considers the effect of changes to the child’s home, school and community. Factor (9) examines the effect on the child’s ongoing relationships with each parent, siblings and other significant persons. Factor (10) weighs the benefit of maximizing parenting time with both parents against the detriment of limiting time with either parent.
Factor (11) — except in domestic abuse cases — looks at each parent’s disposition to support the child’s relationship with the other parent and encourage frequent contact. Factor (12) evaluates the parents’ willingness and ability to cooperate in rearing the child, share information, minimize the child’s exposure to parental conflict and use methods for resolving disputes. Our attorneys build your case around these twelve factors, gathering evidence and presenting testimony that demonstrates your strengths as a parent on each one.
Legal custody determines who has the right to make major decisions about the child’s upbringing, including education, healthcare and religious training. Joint legal custody means both parents share this decision-making authority and must consult with each other on major decisions. Sole legal custody means one parent has the exclusive right to make these decisions. Minnesota law creates a presumption in favor of joint legal custody, but the court can award sole legal custody when joint custody is not in the child’s best interests — for example, when there is a history of domestic abuse or when the parents are unable to cooperate.
Physical custody determines where the child lives on a day-to-day basis. Sole physical custody means the child primarily resides with one parent, while the other parent typically receives parenting time (visitation). Joint physical custody means the child splits time between both parents’ homes, though the split does not need to be exactly 50/50. There is no legal presumption in favor of joint physical custody in Minnesota — the court determines the arrangement that best serves the child’s interests based on the twelve factors.
The distinction between legal and physical custody is important because they are decided independently. For example, parents may share joint legal custody (both make major decisions together) while one parent has sole physical custody (the child lives primarily with one parent). Our attorneys help you understand the practical implications of each arrangement and advocate for the custody structure that best serves your children and your family.
In contested custody cases, the court may appoint a Guardian ad Litem (GAL) — a trained professional who investigates the family situation and makes recommendations to the court regarding custody and parenting time. The GAL typically interviews both parents, the children, teachers, childcare providers and other relevant individuals. They may also observe each parent’s home environment. The GAL’s report and testimony can carry significant weight with the judge, making it essential to present yourself effectively during the GAL investigation.
The court may also order a formal custody evaluation conducted by a licensed psychologist or social worker. A custody evaluation is more comprehensive than a GAL investigation and may include psychological testing of the parents, home visits, school observations, and review of medical and educational records. Our attorneys prepare clients thoroughly for custody evaluations, helping you understand what evaluators look for and how to present your parenting strengths.
Minnesota also provides for parenting consultants (PCs) and parenting time expeditors (PTEs) — professionals who help parents resolve ongoing disputes about parenting time and minor custody issues without returning to court. A parenting consultant has the authority to make binding decisions on day-to-day parenting disputes, while a parenting time expeditor focuses specifically on resolving scheduling conflicts. These tools can be invaluable for reducing conflict and keeping your children out of the middle of parental disagreements.
Even when one parent is awarded primary physical custody, the other parent typically receives substantial parenting time. Minnesota courts strongly favor arrangements that allow children to maintain meaningful relationships with both parents. Common parenting time schedules include alternating weekends, midweek overnights and shared holiday and summer schedules. The specific schedule depends on the children’s ages, the parents’ work schedules, the distance between homes and the children’s activities and needs.
Relocation is one of the most contentious issues in custody law. If the custodial parent wants to move a significant distance away — particularly out of state — the other parent can object, and the court must determine whether the move is in the child’s best interests. Under Minn. Stat. § 518.175, subd. 3, a parent must provide notice of a proposed move and the other parent can request a hearing. The court considers factors including the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a reasonable parenting time schedule can be maintained. Our attorneys handle both relocation requests and objections to relocation.
Sarah and Tom, a couple from a small town near Mankato, decided their marriage was over. They agreed on most things, but not on a plan for their two young children, ages 6 and 9. Sarah, who had been the primary caregiver, believed the children should continue to live with her full-time to maintain stability. Tom, a devoted father who coached his son’s t-ball team, argued for an equal 50/50 schedule, fearing he would otherwise become a ‘weekend dad’. They were both completely unaware of the legal difference between physical custody, which deals with where the children live, and legal custody, which covers major life decisions. This fundamental lack of knowledge, a common issue for many separating parents in Southern Minnesota, caused them to make choices based on fear and emotion rather than a clear understanding of their rights and obligations under Minnesota law.
Trying to keep things amicable and avoid the cost of lawyers, Tom moved into a new apartment in the same school district. They agreed to an informal arrangement where Tom would have the children every other weekend and one night during the week. This quickly devolved into chaos. They argued constantly via text message about who should take a child to a dental appointment, whether their daughter could attend a sleepover, and how to handle parent-teacher conferences. What they did wrong was failing to establish a formal, court-ordered temporary parenting plan. This left both of them in a legal gray area, without clear rights or responsibilities, creating immense stress and instability for the children who were already struggling with the separation.
A Birkholz Law attorney in Mankato finally clarified the situation. The attorney explained that legal custody, which they could likely share, would allow both of them to have a say in major decisions regarding education, healthcare, and religious upbringing. Physical custody would determine the parenting time schedule. The attorney immediately filed a motion for a temporary order under Minn. Stat. 518.131. This crucial step established a clear and predictable parenting time schedule and defined their custodial roles. This action provided immediate stability for the children and gave Sarah and Tom a legally enforceable framework, preventing further conflict and allowing them to focus on co-parenting while the divorce proceeded through the court system.
A contested custody case has a profound and often devastating impact on a family’s finances. The direct costs of litigation, including attorney’s fees, fees for custody evaluators, and court filing fees, can quickly accumulate, depleting savings, retirement accounts, and even children’s college funds. Beyond these immediate expenses, a child support order, calculated under Minnesota’s income shares model, can significantly alter a parent’s monthly budget and disposable income for many years. The family’s housing situation is also frequently destabilized. The marital home often has to be sold, and one or both parents may be forced to find new, less expensive housing, which is a disruptive and emotionally taxing process for everyone involved, especially the children.
The emotional wellbeing of both parents and children is at serious risk during a high-conflict custody dispute. The chronic stress of litigation can strain relationships with friends, extended family, and new romantic partners. Parents often experience a range of debilitating emotions, including anxiety, depression, anger, and a profound sense of loss. Children are especially vulnerable and are often caught in the middle of their parents’ conflicts. They may develop behavioral issues, struggle academically, or experience long-term emotional and psychological problems. The uncertainty of their future living situation and the loyalty binds they feel are a heavy burden for any child to carry.
A person’s professional life is not immune to the effects of a custody dispute. The time required for court appearances, meetings with attorneys, depositions, and custody evaluations can lead to significant missed work and decreased productivity. Some parents may even need to change jobs or reduce their work hours to accommodate a new parenting schedule or a court-ordered relocation. This can have a long-term negative impact on one’s career trajectory and earning potential, creating financial pressure for years to come. The stress of the legal battle can also make it difficult to focus at work, further jeopardizing one’s employment.
“Mothers always get custody of the children.” This is a persistent and damaging myth that is simply not true in Minnesota. The law, specifically Minn. Stat. 518.17, explicitly prohibits courts from favoring one parent over the other based on gender. All custody decisions are based entirely on the best interests of the child, and fathers have the exact same rights as mothers to be awarded both legal and physical custody. In fact, courts are increasingly favoring joint physical custody arrangements where both parents are actively involved in the child’s life.
“If we have 50/50 custody, no one pays child support.” This is a very common but incorrect assumption. While an equal parenting time schedule can reduce the amount of basic support owed, it does not automatically eliminate the child support obligation. The court is still required to run a child support calculation based on both parents’ gross monthly incomes and other factors, such as the cost of health insurance and childcare. If a significant income disparity exists between the parents, one parent will likely still be ordered to pay child support to ensure that the children’s needs are met in both households, in accordance with the income shares model.
“The child gets to decide where they want to live.” While a child’s preference is one of the thirteen ‘best interest’ factors that a court must consider under Minn. Stat. 518.17, it is rarely the deciding factor. The court will give more weight to the preference of a mature older teenager, but the final decision always rests with the judge. The court’s primary duty is to ensure the child’s overall welfare, which may not always align with the child’s stated preference. The judge will carefully consider the reasons for the child’s preference and whether it is based on mature and sound reasoning.
“If the other parent is not paying child support, I can deny their parenting time.” This is absolutely false and could have serious legal consequences for you. In Minnesota, child support and parenting time are two completely separate legal issues. According to Minn. Stat. 518.175, a parent cannot be denied their court-ordered time with a child for failure to pay support. The proper legal remedy is to file a motion with the court to enforce the child support order. If you take matters into your own hands and deny parenting time, you could be held in contempt of court.
“We have a verbal agreement, so we don’t need a court order.” This is a dangerous misconception. While it is great that you and the other parent are able to agree, a verbal agreement is not legally enforceable in Minnesota. Without a written agreement that has been signed by a judge, you have no legal recourse if the other parent suddenly changes their mind. A formal court order provides predictability, stability, and a legal remedy if one parent fails to comply with the agreed-upon terms. It is always in the best interests of your children to have a clear, written, and court-ordered custody and parenting time arrangement.
As a parent in Minnesota, you have fundamental constitutional rights regarding the care, custody, and control of your children. These rights are not absolute but are protected by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. This means that the state cannot interfere with your parental rights without a compelling reason and a fair legal process. This includes the right to present evidence, to cross-examine witnesses against you, and to have your case heard by a neutral and impartial judge. An experienced family law attorney can ensure that your constitutional rights are protected throughout the legal process.
Under Minnesota statutes, you have specific rights that are defined by law. You have the right to request either sole or joint custody of your children. Minn. Stat. 518.17 establishes a rebuttable presumption that joint legal custody is in the child’s best interests upon the request of either party. This means that the court will start with the assumption that both parents should share in major decision-making for the child, unless there is evidence presented to prove that it would not be in the child’s best interests, such as in cases involving domestic abuse. You also have the right to request a specific parenting time schedule that you believe is in your child’s best interests.
You also have the right to parenting time with your children. Unless it is shown by a preponderance of the evidence that parenting time is likely to endanger the child’s physical or emotional health or impair their emotional development, a noncustodial parent is entitled to a minimum of 25 percent of the parenting time, as outlined in Minn. Stat. 518.175. Furthermore, you have the right to access your child’s school and medical records, regardless of your custodial designation, unless a court order specifically restricts this right. This ensures that you can stay informed and involved in your child’s life.
While some high-conflict custody cases do end up in a courtroom trial, the vast majority are resolved through negotiation and settlement. A common and highly effective strategy is to use Alternative Dispute Resolution (ADR) processes, such as mediation or a Social Early Neutral Evaluation (SENE). In a SENE, parents and their attorneys meet with a neutral team, typically a man and a woman who are experienced family law professionals. They listen to both sides of the story and provide an expert opinion on how a judge would likely rule on the disputed issues. This dose of reality often encourages a prompt and fair settlement, saving the family the financial and emotional cost of litigation.
A key legal strategy for achieving a favorable outcome is to careful ly document everything and align your case with the ‘best interests of the child’ factors found in Minn. Stat. 518.17. This means demonstrating a consistent history of involvement in the child’s life, from attending school activities and doctor visits to helping with homework and preparing meals. Successful outcomes often depend on showing the court that you can provide a stable, nurturing, and safe environment and that you are willing to co-parent effectively with the other parent. An experienced family law attorney will help you gather and present this evidence, such as communication logs, photos, calendars, and witness testimony, to build a compelling case on your behalf.
In situations where parents are far apart on custody issues and ADR has failed, a custody evaluation can be a critical tool. This is a formal and in-depth process where a neutral expert, usually a licensed psychologist, conducts a thorough investigation into the family’s circumstances. The evaluator will interview the parents, the children, and other relevant parties, such as teachers, therapists, and daycare providers. They may also conduct psychological testing and observe parent-child interactions. The evaluator then provides a detailed written report and recommendation to the court. While not legally binding, this expert opinion carries significant weight with judges and can often be the deciding factor in a high-conflict custody case.
Ultimately, the most effective way to resolve a custody case is to have a skilled and experienced family law attorney on your side. A good attorney will not only advocate for your rights but will also provide you with realistic expectations and guide you toward the most effective and efficient resolution strategy for your specific situation. They can help you handle the legal system, negotiate a favorable settlement, and, if necessary, zealously represent you in court. Having the right legal counsel can make all the difference in the outcome of your case and the future of your family.
There is no specific age at which a child can “choose” which parent to live with. Under Factor (3) of Minn. Stat. § 518.17, the court will consider the reasonable preference of a child who is of sufficient ability, age and maturity to express an independent, reliable preference. In practice, courts give more weight to the preferences of older teenagers, but the child’s preference is only one of twelve factors and is never the sole determining factor.
Costs vary significantly by type. Stepparent and relative adoptions are generally the least expensive, involving primarily legal fees and home study costs. Agency and private adoptions can be more expensive due to agency fees, birth parent expenses and other costs. Our attorneys provide transparent fee estimates at the outset so you can plan accordingly.
A parenting consultant (PC) has broader authority and can make binding decisions on a range of parenting disputes, including minor modifications to the parenting schedule, decisions about extracurricular activities and other day-to-day parenting issues. A parenting time expeditor (PTE) has more limited authority and focuses specifically on resolving disputes about the parenting time schedule.
Yes, but you must demonstrate a substantial change in circumstances that makes the current order no longer in the child’s best interests. For modifications that would change the primary custodial parent, you must also show that the modification is necessary to serve the child’s best interests and that the child’s present environment endangers their physical or emotional health or development. Our attorneys can evaluate whether your situation meets the legal standard for modification.
If the other parent is not following the court-ordered custody or parenting time schedule, you have several options. You can file a motion for contempt of court, which can result in fines, makeup parenting time and in extreme cases, modification of the custody arrangement. Our attorneys help clients enforce custody orders and protect their parental rights.
Legal custody is the right to make major decisions for your child, such as regarding education, healthcare, and religious upbringing. Physical custody refers to where the child lives on a day-to-day basis. In Minnesota, it is common for parents to share joint legal custody, while one parent may have sole physical custody or the parents may share joint physical custody with a detailed parenting time schedule.
Minn. Stat. 518.17 lists thirteen factors that the court must consider when making custody decisions. These include the child’s physical, emotional, cultural, and spiritual needs; the child’s preference if of sufficient age and maturity; each parent’s ability to provide love, affection, and guidance; the history of domestic abuse; and the willingness of each parent to support the child’s relationship with the other parent. The court must make detailed findings on each of these factors.
If you have a custody order in place, you cannot move the child’s residence out of Minnesota without either the other parent’s written consent or a court order, as per Minn. Stat. 518.175. If the other parent does not agree, you must file a motion with the court and prove that the move is in the child’s best interests. The court will consider a number of factors, including the reason for the move, the impact on the child’s relationship with the non-moving parent, and the child’s ties to the community.
A parenting time expeditor is a neutral third party appointed by the court to help parents resolve ongoing disputes about their parenting time schedule. Their role is to mediate disagreements and, if necessary, make a binding decision to resolve the conflict. This is often a faster and less expensive way to resolve disputes than going back to a judge every time there is a disagreement. The expeditor’s decision is legally binding unless it is overturned by the court.
Child support is calculated using a formula based on the ‘income shares’ model. This model considers both parents’ gross monthly incomes, the number of children, and the amount of parenting time each parent has. The goal is to ensure that children receive the same level of financial support they would have if their parents lived together. The calculation also takes into account the costs of health insurance and childcare. The Minnesota Child Support Guidelines are complex, and it is important to have an attorney ensure the calculation is done correctly.
If you and the other parent are able to reach an agreement on all custody and parenting time issues, your attorneys will draft a legal document called a Stipulated Judgment and Decree. This document will outline all of the specific terms of your agreement. After it is signed by both parties and a judge, it becomes a legally binding court order. This is the most amicable and cost-effective way to resolve a custody case, and it allows you to maintain control over the outcome rather than leaving it in the hands of a judge.
Contact Birkholz Law today to speak with an experienced child
custody attorney in Mankato. We serve families throughout Blue
Earth, Nicollet, Brown, Watonwan and Cottonwood counties.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
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