Custody is made up of two components: legal custody and physical custody. An award of custody includes a designation as to the legal and physical custody of the child or children.


First, “legal custody” is defined as the right to determine the child’s upbringing, including education, health care, and religious training. In Minnesota, provided domestic abuse as defined by statute has not occurred between the parents, there is a rebuttable presumption that parents will share legal custody of their children. Sharing legal custody provides both parents with input and an equal say in the upbringing of their children. In most custody cases, the parents are awarded joint legal custody.


The second component of custody is “physical custody”. Physical custody is defined as the routine daily care and residence of the child or children. Unlike legal custody, there is no presumption that parties should share physical custody of their children. The court may award joint physical custody to the parents provided the court finds such a designation to be in the child’s best interest and that the parents have shown an ability to cooperate in parenting their children, have proven methods for resolving parenting disputes and that it would be best for the child for both parents to have equal responsibility for the child’s upbringing. Like legal custody, there is a presumption against joint physical custody if domestic abuse as defined by statute has occurred between the parties.