Minnesota Child Custody Factors

1. Wishes of the child’s parent or parents as to custody.
2. Reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.
3. Child’s primary caretaker.
4. Intimacy of the relationship between each parent and the child.
5. Interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child’s best interests.
6. Child’s adjustment to home, school, and community.
7. Length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
8. Permanence, as a family unit, of the existing or proposed custodial home.
9. Mental and physical health of all individuals involved; except that a disability, of a proposed custodial home.
10. Mental and physical health of all individuals involved; except that a disability, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child.
11. Capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion or creed, if any.
12. Child’s cultural background.
13. Effect on the child of the actions of an abuser, if related to domestic abuse that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent.
14. Disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child (except in cases of domestic abuse.)
15. The court man not use one factor to the exclusion of all others. The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child
16. The court shall not consider conduct of a proposed custodian that does not affect the custodian’s relationship to the child.
17. Evidence of false allegations of child abuse.

Additional factors for joint custody:

1. Ability of parents to cooperate in the rearing of their children.
2. Methods for resolving disputes regarding any major decision concerning the life of the child, and the parents’ willingness to use those methods.
3. Whether it would be detrimental to the child if one parent were to have sole authority over the child’s upbringing.
4. Whether domestic abuse has occurred between the parents.

Minnesota Statutes Sec. 518.17

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