When going through a divorce or separation involving children, understanding how custody works is crucial. Many parents in Minnesota ask: What is the difference between legal custody and physical custody? Knowing the answer helps you make informed decisions and protects your rights as a parent.
What Is Legal Custody?
Legal custody refers to a parent’s right to make important decisions about the child’s upbringing. These decisions include education, medical care, religious practices, and other major life choices.
In Minnesota, courts often award joint legal custody. This means both parents must work together to decide what is best for the child. In some cases, one parent may be granted sole legal custody if joint decision-making is not in the child’s best interest. This may include when there is a history of domestic violence or communication issues.
What Is Physical Custody?
Physical custody determines where the child lives and who handles daily responsibilities such as meals, bedtime routines, and transportation. Parents can share joint physical custody or one parent can be awarded sole physical custody.
Joint physical custody does not always mean equal time. It can involve various schedules depending on what works best for the child’s needs and the parents’ availability. Even if one parent has more parenting time, both can still share legal custody.
Can One Parent Have Legal Custody but Not Physical Custody?
Yes, both parents can share legal custody while only one has physical custody. For example, a child might live mainly with one parent during the week and spend weekends with the other, while both parents still make joint decisions about school, healthcare, and activities.
This combination is often used when one parent lives far away, has a demanding schedule, or when stability for the child is better maintained with one primary residence.
How Do Minnesota Courts Decide Custody?
Custody decisions in Minnesota are based on the best interests of the child. Judges consider factors such as:
- The child’s relationship with each parent
- The ability of each parent to provide a safe and supportive home
- The child’s physical, emotional, and developmental needs
- Each parent’s willingness to cooperate and support the other parent’s relationship with the child
Minnesota law encourages both parents to stay involved in their children’s lives unless there are serious concerns.
Why You Need Legal Help with Custody
Every custody case is different. Your parenting schedule, your child’s routine, and your communication with the other parent all play a role. A skilled family law attorney can help you navigate legal custody, physical custody, and parenting time in a way that protects your child and your rights.
RWI Law has helped many families across Minnesota reach fair and lasting custody agreements. Whether you are facing a divorce, a custody modification, or simply want to understand your options, our legal team is here to support you.
Schedule a Consultation with RWI Law
If you are dealing with custody issues or planning for separation, do not wait to get guidance. Call RWI Law today to schedule your consultation. We will help you understand your rights and develop a legal strategy that puts your child first.
Contact RWI Law now to get started with your custody case.