How are the best interests of the child determined in custody?

Like other states, Minnesota family courts always make custody decisions based upon the best interests of the child. Judges are to look at a large number of factors and cannot use just one while excluding others. When making their custody decisions, judges are supposed to state how the decision was made in the best interests of the child.

Generally, courts do not have a presumption either for or against either parent, but there are exceptions to this. In cases in which domestic violence or child abuse have occurred, there is a presumption against joint custody. Similarly, courts will consider evidence that one parent has made false child abuse allegations against the other parent. Courts are specifically prohibited from favoring one parent over the other based solely on gender in custody determinations.

The courts are not to consider anything about a parent that does not affect the parent's relationship with his or her child. Judges do take into consideration the wishes of each parent regarding custody of a child, the child's own preferences if the child is old enough to express them, who the child's primary caregiver is, how close each parent is to the child, how well the child is adjusted to his or her home, school and community and whether maintaining continuity is in the child's best interests.

Courts will consider the mental and physical health of each parent, but they are not to prevent a disabled parent from having custody simply due to the disability unless placement would be contrary to the best interests of the child. There are many factors that courts take into consideration when making a decision in a custody dispute. As such cases can be complicated, the advice and counsel of a family law attorney can be valuable.

Source: Revisor of Statutes, "518.17 CUSTODY AND SUPPORT OF CHILDREN ON JUDGMENT.", October 15, 2014