define: physical custody 

"Physical custody and residence" means the routine daily care and control and the residence of the child. "Joint physical custody" means that the routine daily care and control and the residence of the child is structured between the parents.

What this can mean, if a parent receives a significant majority of the parenting time with the child(ren), then that parent may also be awarded sole physical custody by the Court. However, if each parent receives approximately equal parenting time with the children (it does not have to be exactly 50-50), then the parents will likely receive joint physical custody.

In order for the parents to receive joint physical custody, they need to establish that they can cooperate in raising and caring for their children, that they have effective methods for resolving disputes regarding their children and are willing to use those methods. In making a determination on physical custody, the Court will look at whether it would be detrimental to the children if one parent were to have sole authority over the child's upbringing and whether domestic abuse has occurred between the parents.

In years past, the issue of physical custody in Minnesota directly impacted the resulting child support obligation. At that time, the parent who did not receive sole physical custody was required to pay child support in the amount of 25% of his or her net income for one child (and additional amounts for additional children). However, Minnesota laws now provide that physical custody labels no longer have any bearing on child support. Now, there are child support adjustments for the actual amount of time that the parents have with the children; it is not based solely on the physical custody label.

Contact a Lawyer if you have Any Questions on Child Custody Labels

The attorneys at Blahnik, Prchal & Stoll regularly handle child custody matters, and consult clients on the issues of physical custody, legal custody and parenting time. Contact our law firm if you have any questions regarding custody or parenting time.