Creating a Minnesota Custody Agreement

After you have divorced or separated, you want to do everything you can to make sure that your children receive the care they need. There are many parents who create a custody agreement because they know that it will help them provide quality care for their children even though the family circumstances have changed. If you live in Minnesota, there are certain guidelines you must follow so your custody agreement can become an official court document. You can find child custody laws in Chapter 518 of the Minnesota Statutes.

Chapter 518.1705 of the Minnesota Statutes is entitled “Parenting Plans,” which is another phrase for custody agreements. Since the state of Minnesota uses the term parenting plan, for here on out, this article will too. Here is some basic information about parenting plans in Minnesota:

• A parenting plan can be made in place of a child custody or parenting time order upon the request of both parents.

• The court may make a parenting plan if both parents do not agree on a plan.

• If neither parent nor the court makes a parenting plan, orders for custody and parenting time must go into effect.

• A parenting plan can use any language or alternate terminology if parents agree to that terminology.

• A parenting plan designating decision-making responsibilities or allocation of parenting time must also designate whether parents share joint legal or joint physical custody or have sole legal or sole physical custody.

• If parents cannot agree on a plan, the court may require each parent to submit their own before the court makes a final judgment.

In Minnesota, you should be prepared to develop a parenting plan either with the other parent or individually for court submission. Parents are encouraged to work together to make a plan. When custody, parenting time or a parenting plan is not agreed upon, the court may order that both parents attend an orientation and education program for up to eight hours. Either parent may be excused from the education program by requesting and showing good cause.

Minnesota has some required elements for a parenting plan which you can find in Chapter 518.1705. Your Minnesota parenting plan must contain:

• A parenting time schedule showing how time is spent with the child

• A designation of decision-making responsibilities (legal custody) concerning the child

• A method of resolving disputes

• Other issues and matters the parents believe are important for the care of the child

If both parents voluntarily agree to a parenting plan, other terminology for physical and legal custody may be used as long as the substitute terms are defined in your plan. If there has been a history of abuse or domestic violence on the part of the other parent, you may not have to create a parenting plan and the court may limit the parenting time of the offending parent.

As you make a parenting plan, you should consider your child's needs and make your plan accordingly. Chapter 518.175 states that each parent should have adequate parenting time with the child so that a relationship can be maintained. This is generally in the child's best interests. If you keep your child's best interests in mind and work together to create an effective Minnesota parenting plan, you have an excellent chance that the court will accept your plan and make it official.