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Legal Information: Minnesota

Custody

Laws current as of August 21, 2024

What is custody?

Custody means you have the right and responsibilities of raising your child. There are two types of custody, legal and physical.

Legal custody means you have the right to make major decisions about how the child is raised. This includes deciding what school the child goes to, what health care s/he receives, and what religion s/he is taught.1

Physical custody means the child mostly lives with you. You take care of the child regularly and control his/her daily routine.2 The parent with physical custody is known as the “custodial parent,”3 and the other parent is known as the “non-custodial parent.”  

1 Minn. Stat. § 518.003(a)
2 Minn. Stat. § 518.003(c)
3 Minn. Stat. § 518.003(e)