If parents cannot agree on an acceptable custody arrangement Minnesota courts will decide custody. The court uses the best interest of the child standard and takes into several factors, including the child’s age, the child’s gender, the child’s physical and mental health, the parents’ physical and mental health, past history of abuse, the emotional bonds between parent and child, parent’s ability to provide the basic necessities of life, the child’s routines, the child’s preference (if the child is old enough to express a preference), the emotional bonds between parent and child and who the child’s primary caretaker has been.
Minnesota courts prefer that parents come to their own decisions regarding custody arrangements but will step in when parents cannot do so. Contact a Family Law Attorney to discuss custody issues.