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Minnesota Legislature

Office of the Revisor of Statutes

518.003 Definitions.

Subdivision 1. Scope. For the purposes of this chapter, the following terms have the meanings provided in this section unless the context clearly requires otherwise.

Subd. 2. Residence. "Residence" means the place where a party has established a permanent home from which the party has no present intention of moving.

Subd. 3. Custody. Unless otherwise agreed by the parties:

(a) "Legal custody" means the right to determine the child's upbringing, including education, health care, and religious training.

(b) "Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.

(c) "Physical custody and residence" means the routine daily care and control and the residence of the child.

(d) "Joint physical custody" means that the routine daily care and control and the residence of the child is structured between the parties.

(e) Wherever used in this chapter, the term "custodial parent" or "custodian" means the person who has the physical custody of the child at any particular time.

(f) "Custody determination" means a court decision and court orders and instructions providing for the custody of a child, including parenting time, but does not include a decision relating to child support or any other monetary obligation of any person.

(g) "Custody proceeding" includes proceedings in which a custody determination is one of several issues, such as an action for dissolution, divorce, or separation, and includes proceedings involving children who are in need of protection or services, domestic abuse, and paternity.

Subd. 4. Mediation. "Mediation" means a process in which an impartial third party facilitates an agreement between two or more parties in a proceeding.

Subd. 5. Parenting time. "Parenting time" means the time a parent spends with a child regardless of the custodial designation regarding the child.

HIST: 1979 c 259 s 2; 1981 c 349 s 2; 1990 c 574 s 6,7; 2000 c 444 art 1 s 1; art 2 s 15