2004 Minnesota 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