Updated September 21, 2023
A Minnesota custody (parenting) plan allows parents of a minor child to outline their plans for continuing to provide childcare after separation or divorce. A required document when filing for custody in most cases, the parenting plan should specify each of their decision-making rights, living arrangements, and communication methods with regard to the child.
Child Custody Factors
Under § 518.17, Minnesota courts consider 12 factors when determining a custody arrangement that is in the best interest of the child, including:
- The child’s physical, emotional, cultural, spiritual, and other needs
- Any special medical, mental health, developmental disability, or educational needs of the child
- The child’s preference if they are of sufficient ability, age, and maturity
- History of domestic abuse in either parent’s household
- Each parent’s physical and mental health that affects the child’s safety or developmental needs
- The history and nature of each parent’s participation in providing care for the child
- The willingness and ability of each parent to provide ongoing care for the child and minimize conflict
- Existing relationships between the child and each parent, siblings, etc.
Table of Contents |
How to File for Custody in Minnesota
1. Agree on a Parenting Plan
Discuss the terms of custody with the other co-parent and determine whether you are able to reach an agreement. Filing a joint petition for custody is a much simpler process than filing separate petitions for the court to review.
If you are filing jointly, be sure to fill out the parenting plan agreement together and attach it to the petition.
2. Calculate Child Support
Use the Minnesota Child Support Guidelines Calendar to estimate how much child support may be ordered by the court. Under the state’s guidelines, the calculator factors in each parent’s monthly income, number of joint children, childcare costs, and more.
3. Complete and File Required Forms
The petition should be completed along with the following forms, including a parenting plan agreement:
- Joint Petition for Establishing Custody, Parenting Time, and Child Support (CHC107)
- Child Information Attachment to Joint Petition (CHC107-Ch)
- Custody Attachment to Joint Petition (CHC107-Cus)
- Parenting Time Attachment to Joint Petition (CHC107-PT)
- Confidential Information Form (Form 11.1) (CON111)
- Cover Sheet for Non-Public Documents (Form 11.2) (CON112)
- Financial Affidavit for Child Support (FAM102)
File the completed forms in person at the local county courthouse, by mail, or electronically.
In Minnesota, the base filing fee for custody is $285.[1]
4. Attend the Hearing
Once the court reviews the submitted forms, you should receive a notice of hearing unless each party is represented by an attorney. If either party is representing themselves, you can contact court administration to ask if the court will schedule a hearing or if you will be expected to schedule the hearing.
5. Receive Court Order
If the court approves the petition, a judicial officer will sign the order, making it official. Be sure to get a copy of the order.
Custody Laws
- Child’s preference: The court will consider the child’s preference if it “deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference.”[2]
- Grandparent visitation rights: § 518.1752
- Parenting plan requirements: § 518.1705
- Parenting time: § 518.175
- Uniform Child Custody Jurisdiction and Enforcement Act: Chapter 518D
- Uniform Deployed Parents Custody and Visitation Act: Chapter 518E
Related Forms
