Common Definitions for Parenting Arrangements
Listed below are some common terms and definitions in relation to custody, residence, mediation, and parenting time from the Minnesota Statute. For additional help or clarification or for a consultation contact the attorneys at Wolf, Rohr, Gemberling & Allen P.A., PA.
The Minnesota law defines the following terms to describe the type of parenting arrangements when parents divorce or are not married.
Custody. Unless otherwise agreed by the parties:
- 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.
- 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 parties.
- Custodial parent or custodian means the person who has the physical custody of the child at any particular time.
- Custody determination means a court decision and court orders and instructions providing for the custody of a child, including parenting time but does not include decision relating to child support or any other monetary obligation of any person.
- Custody proceeding includes proceedings in which a custody determination is one of several issues, such as an action for dissolution, divorce, or separation, and includes proceedings involving children who are in need of protection or services, domestic abuse, and paternity.
Residence means the place where a party has established a permanent home from which the party has no present intention of moving.
Mediation means a process in which an impartial third party facilitates an agreement between two or more parties in a proceeding.
Parenting time means the time a parent spends with a child regardless of the custodial designation regarding the child.
Source:
Minnesota Statute:
Chapter Title: MARRIAGE DISSOLUTION
Section: 518.003
Text: 518.003 Definitions
https://www.revisor.mn.gov/statutes/?id=518.003