4 common misconceptions about child custody in Minnesota

On Behalf of | Sep 6, 2024 | Family Law

When facing a child custody dispute, it’s important to have accurate information about the process. Unfortunately, many people hold misconceptions that can cause confusion or stress. 

Understanding the reality of Minnesota’s child custody laws is necessary for making informed decisions.

Courts favor mothers over fathers

One common misconception is that courts automatically grant custody to mothers. Minnesota law does not favor one parent over the other based on gender. Instead, courts focus on what’s in the best interest of the child. Judges consider factors like the child’s relationship with each parent, stability, and the ability of each parent to care for the child. Both parents have equal standing in custody cases.

Joint custody means equal time with the child

Many people believe that joint custody means parents will get an equal 50/50 split of time with the child. However, joint custody in Minnesota refers to the legal responsibility of making decisions for the child. 

Physical custody, which determines where the child lives, can still be divided unequally, even with joint legal custody in place. The courts base time-sharing on what works best for the child’s schedule and well-being.

Children can decide which parent to live with

While children’s preferences may be considered in custody decisions, they do not have the final say. Minnesota courts look at the child’s maturity and reasoning behind their preference, but the judge ultimately decides custody based on what is best for the child. The child’s wishes are just one of many factors weighed in the process.

You can’t change custody arrangements

Some parents believe that custody agreements are set in stone once finalized. However, you can modify custody arrangements in Minnesota if circumstances significantly change. This could include relocation, changes in a parent’s ability to care for the child, or the child’s evolving needs. Courts prioritize flexibility to adapt to the child’s best interests.

Child custody disputes can be stressful, but understanding the facts about Minnesota’s laws helps parents navigate the process more effectively. Misconceptions can cloud judgment and lead to unnecessary conflict. Parents should focus on what’s best for their child and rely on accurate information when working through custody matters.