define: Legal Custody
In Minnesota, there are two forms of child custody, legal custody and physical custody. The Court must make a determination regarding each form of Minnesota custody.
Minnesota law defines legal custody as:
"Legal custody" means the right to determine the child's upbringing, including education, health care, and religious training.
"Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.
Therefore, legal custody gives a parent the right to make major decisions regarding his or her children, such as where the child will go to school, where a child will go to church, whether a child should receive medication for any reason (such as a diagnoses for ADHD).
In Minnesota child custody cases, the court determines who will receive legal custody based on the best interests of the child factors as discussed under “Minnesota Child Custody” in this website. The Court uses a rebuttable presumption that upon request of either or both parents, joint legal custody is in the best interests of a child. Therefore, for most legal custody determinations, the parents receive joint legal custody. If the parents are unable to agree on how to structure legal custody, then oftentimes a custody evaluation will be ordered to investigate the issue and make recommendations to the parents and to the Court.
Contact an Attorney
If you are involved in a child custody matter or a divorce with children, it is important that you know your rights when it comes to legal custody of your child or children. Contact the experienced child custody attorneys at Blahnik, Prchal & Stoll for representation or for a complimentary consultation.