Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

518.17 CUSTODY AND SUPPORT OF CHILDREN ON JUDGMENT.
    Subdivision 1. The best interests of the child. (a) "The best interests of the child" means all
relevant factors to be considered and evaluated by the court including:
(1) the wishes of the child's parent or parents as to custody;
(2) the reasonable preference of the child, if the court deems the child to be of sufficient
age to express preference;
(3) the child's primary caretaker;
(4) the intimacy of the relationship between each parent and the child;
(5) the interaction and interrelationship of the child with a parent or parents, siblings, and
any other person who may significantly affect the child's best interests;
(6) the child's adjustment to home, school, and community;
(7) the length of time the child has lived in a stable, satisfactory environment and the
desirability of maintaining continuity;
(8) the permanence, as a family unit, of the existing or proposed custodial home;
(9) the mental and physical health of all individuals involved; except that a disability, as
defined in section 363A.03, of a proposed custodian or the child shall not be determinative of
the custody of the child, unless the proposed custodial arrangement is not in the best interest of
the child;
(10) the capacity and disposition of the parties to give the child love, affection, and guidance,
and to continue educating and raising the child in the child's culture and religion or creed, if any;
(11) the child's cultural background;
(12) the effect on the child of the actions of an abuser, if related to domestic abuse, as
defined in section 518B.01, that has occurred between the parents or between a parent and another
individual, whether or not the individual alleged to have committed domestic abuse is or ever was
a family or household member of the parent; and
(13) except in cases in which a finding of domestic abuse as defined in section 518B.01 has
been made, the disposition of each parent to encourage and permit frequent and continuing
contact by the other parent with the child.
The court may not use one factor to the exclusion of all others. The primary caretaker factor
may not be used as a presumption in determining the best interests of the child. The court must
make detailed findings on each of the factors and explain how the factors led to its conclusions
and to the determination of the best interests of the child.
(b) The court shall not consider conduct of a proposed custodian that does not affect the
custodian's relationship to the child.
    Subd. 1a. Evidence of false allegations of child abuse. The court shall consider evidence of
a violation of section 609.507 in determining the best interests of the child.
    Subd. 2. Factors when joint custody is sought. In addition to the factors listed in
subdivision 1, where either joint legal or joint physical custody is contemplated or sought, the
court shall consider the following relevant factors:
(a) the ability of parents to cooperate in the rearing of their children;
(b) methods for resolving disputes regarding any major decision concerning the life of the
child, and the parents' willingness to use those methods;
(c) whether it would be detrimental to the child if one parent were to have sole authority over
the child's upbringing; and
(d) whether domestic abuse, as defined in section 518B.01, has occurred between the parents.
The court shall use a rebuttable presumption that upon request of either or both parties,
joint legal custody is in the best interests of the child. However, the court shall use a rebuttable
presumption that joint legal or physical custody is not in the best interests of the child if domestic
abuse, as defined in section 518B.01, has occurred between the parents.
If the court awards joint legal or physical custody over the objection of a party, the court
shall make detailed findings on each of the factors in this subdivision and explain how the factors
led to its determination that joint custody would be in the best interests of the child.
    Subd. 3. Custody order. (a) Upon adjudging the nullity of a marriage, or in a dissolution
or separation proceeding, or in a child custody proceeding, the court shall make such further
order as it deems just and proper concerning:
(1) the legal custody of the minor children of the parties which shall be sole or joint;
(2) their physical custody and residence; and
(3) their support. In determining custody, the court shall consider the best interests of each
child and shall not prefer one parent over the other solely on the basis of the sex of the parent.
(b) The court shall grant the following rights to each of the parties, unless specific findings
are made under section 518.68, subdivision 1. Each party has the right of access to, and to receive
copies of, school, medical, dental, religious training, and other important records and information
about the minor children. Each party has the right of access to information regarding health or
dental insurance available to the minor children. Each party shall keep the other party informed as
to the name and address of the school of attendance of the minor children. Each party has the
right to be informed by school officials about the children's welfare, educational progress and
status, and to attend school and parent-teacher conferences. The school is not required to hold
a separate conference for each party. In case of an accident or serious illness of a minor child,
each party shall notify the other party of the accident or illness, and the name of the health care
provider and the place of treatment. Each party has the right to reasonable access and telephone
contact with the minor children. The court may waive any of the rights under this section if it
finds it is necessary to protect the welfare of a party or child.
    Subd. 4.[Repealed, 1986 c 406 s 9]
    Subd. 5.[Repealed, 1986 c 406 s 9]
    Subd. 6. Departure from guidelines based on joint custody. An award of joint legal
custody is not a reason for departure from the guidelines in section 518A.35.
History: (8596) RL s 3585; 1969 c 1030 s 1; 1971 c 173 s 1; 1974 c 107 s 14; 1974 c 330 s
2; 1978 c 772 s 39; 1979 c 259 s 17; 1981 c 349 s 5; 1983 c 308 s 15; 1984 c 547 s 16; 1984 c
655 art 1 s 73; 1986 c 406 s 1,2; 1986 c 444; 1987 c 106 s 1; 1988 c 662 s 1; 1988 c 668 s 12;
1989 c 248 s 2,3; 1990 c 574 s 13,14; 1991 c 271 s 4; 1992 c 557 s 8; 1993 c 322 s 7; 1994 c 630
art 12 s 4; 1997 c 203 art 9 s 16; 2005 c 164 s 29; 1Sp2005 c 7 s 28

Official Publication of the State of Minnesota
Revisor of Statutes