Hennepin County Child Custody Attorney

Ensuring Your Parental Rights are Protected

For parents who are going through a divorce, the long-term happiness and proper care of their children are paramount. As a parent, you may be concerned about the amount of time you’ll get to spend with your kids once the divorce is finalized. If so, your goal should be to negotiate fair arrangements that will allow your children to continue living the fulfilling life they’ve always enjoyed.

Do You Need a Child Custody Lawyer in Hennepin County, MN?

Child Custody is a sensitive and emotionally draining aspect of any separation involving children. It must be handled carefully and respectfully by an experienced attorney who can provide valuable insight. This is especially true if you had hoped for peaceful mediation but have not been able to come to an agreement with your spouse.

Located in Hennepin County, MN, Barbosa Law Group PLLC knows this better than anyone due to numerous years of work as a family law attorney (over 25 years in total). We have handled many particularly complex cases and are known for our ability to negotiate favorable custody outcomes, navigate the division of assets, and resolve other high-tension issues with ease.

Our experience also extends to creating custom parenting arrangements that reduce conflict and promote long-term stability. Whether your case involves coordinating schedules across two households or managing communication breakdowns, Barbosa Law Group PLLC provides practical solutions rooted in experience and empathy. We also help parents identify early warning signs of conflict escalation, guiding them through each step with professionalism and discretion. If court involvement becomes necessary, our team is fully prepared to advocate assertively on your behalf, without losing sight of what’s best for your child.

What Types of Child Custody Are There?

Two different types of custody will need to be determined. Read more about how physical custody and legal custody will impact how child custody is determined overall.

Physical Custody

The first type of custody, physical custody, refers to where the child or children will primarily live. In Minnesota law, physical custody may be granted solely to one parent, known as sole physical custody, or shared between both parents, which is referred to as joint physical custody.

Physical custody arrangements directly affect the child’s upbringing, daily routines, and time spent with each parent. When physical custody is shared, both parents typically participate in the child’s day-to-day care. In contrast, if sole physical custody is awarded, the noncustodial parent is granted parenting time.

Every custody situation is unique, and courts look at many relevant factors to determine what arrangement serves the children’s future and overall well-being. Some of these include:

Each parent’s involvement in the child’s upbringing
The stability of the home environment and existing family members
Any history of domestic abuse or domestic violence
The financial circumstances of each parent
The child’s preference, depending on age and maturity
The presence of parenting time disputes or ongoing custody battles

Minnesota courts will always aim to make decisions based on the best interest of the child, but navigating this legal process can be emotionally and legally challenging, especially when the opposing party is unwilling to compromise.

Legal Custody

The second type of custody, legal custody, involves a parent’s right to make significant decisions about their child’s life, specifically regarding education, religion, and medical care. These decisions shape the core of the child’s upbringing and long-term development.

Under Minnesota law, legal custody is most often joint, meaning both parents share equal responsibility for making these important choices. This remains true regardless of which parent has physical custody. Courts operate under the assumption that, in most cases, parents can and should collaborate in their child’s best interests.

However, joint legal custody is not always appropriate. In high-conflict situations, especially those involving domestic violence, domestic abuse, or a history of erratic behavior related to drug addiction or mental health, courts may award sole legal custody to one parent. This ensures that major decisions can be made consistently and safely, without interference or risk to the child’s well-being.

When deciding whether to award joint or sole legal custody, courts will consider several relevant factors, including:

The parents’ ability to communicate and cooperate on significant decisions
Any history of domestic abuse or parenting time disputes
The emotional and physical health of each parent
The child’s individual needs and future development
Evidence of either parent interfering with visitation rights or court orders
One parent’s unwillingness or inability to act in the child’s best interest

Do You Need Help Fighting for Fair Child Custody?

The court’s goal is to determine what is in the best interest of the child. The more you and your spouse can agree upon regarding custody, the less will generally be left up to the courts. However, the topic of custody is extremely emotionally charged, and unfortunately, you and your spouse may not see eye-to-eye regarding how your child’s time should be spent. Barbosa Law Group PLLC in Hennepin County will work to ensure the least turbulent negotiation process possible for you and your children. We know that nothing matters more than your family. That’s why we’re committed to securing a custody arrangement that protects your children and gives you peace of mind.

What is Parenting Time?

Even once custody is determined, there is a lot left to decide regarding parenting time. It is the amount of time that each parent is allotted to spend with the children. Regardless of which parent has custody of the children, both parents are entitled to parenting time. The amount of parenting time awarded varies with each case based on many factors. Generally, though, Minnesota has established a presumption minimum of at least 25% parenting time for both parents. This can certainly be overruled if it is considered detrimental to the child in some way.

If the parties involved can agree to parenting time and custody, they will retain the most control over deciding what is in their child’s best interest. If you are unable to agree to these terms with your former spouse, the court will determine what’s best for the child.

If you need a caring, experienced attorney to help you through the difficult process of determining custody and parenting time in Hennepin County, MN, contact Barbosa Law Group PLLC to get started.

Child Custody FAQs

How is child custody determined in Minnesota?

The most important factor when determining child custody in Minnesota is whether it is in the child’s best interests. The courts consider 12 factors to determine the child’s best interest: evidence of parenting ability from each parent, consistency in the child’s routine, safety, the child’s age, and more. You can show the court that you should have primary custody of your child by demonstrating your past involvement in his life. If you’ve been active as a volunteer at his school, have been involved in his extracurricular activities, and have made sound parenting decisions, the courts will take this all into consideration in analyzing the 12 best interest factors.

At what age can a child make custody decisions in Minnesota?

There is no specific age when a child is permitted to express custodial preference. It’s possible that an older child’s opinion will have more bearing on the courts than a younger child’s, since older kids can conceptualize custody arrangements. However, the courts will always take into account a number of factors when determining child custody. They do so to ensure the child’s needs are met and the custody arrangement is in the child’s best interest. If a child does express an interest in living with one parent, both parents can agree to a custody agreement that honors that request.

Is MN a Mother State?

If a mother was not married at the time of the conception and birth of her child, she is awarded sole physical and legal custody of that child until paternity has been established. A father may petition the court to order paternity testing if a Recognition of Parentage was not executed at the time of birth. Once paternity has been established either through paternity testing or Recognition of Parentage, the father then has the right to petition the court for custody of the child. At that point, the courts will evaluate what is in the best interest of the child. A child custody attorney can advise you on the necessary steps if you’re trying to establish paternity or petition the courts for custody.

Who will get custody of your child(ren)?

Child custody determinations will vary by case. Some people believe fathers have no chance of getting custody of their children in a divorce or paternity action, but that’s simply not the case. The courts are much more concerned with what is in the best interest of the child and aren’t determined to “keep the child with his mother.” Whether you’re a mother or a father, you shouldn’t assume anything about how child custody will shake out during your divorce or paternity case, and you’ll need to work with a Minnesota child custody attorney to present the best case possible.

What is joint custody and sole custody?

In Minnesota, custody is divided into two parts: legal custody and physical custody, and each can be either joint or sole.

Joint legal custody means both parents share the right to make major decisions regarding the child’s upbringing, such as education, healthcare, and religion. Sole legal custody gives one parent the exclusive authority to make those decisions.

Joint physical custody means the child lives with both parents according to a set schedule, and both parents share responsibility for the child’s daily care. This does not necessarily mean a 50/50 time split; the child may live primarily with one parent, but both remain actively involved. Sole physical custody means the child primarily resides with one parent, who has full-time responsibility for day-to-day care. The other parent—often called the noncustodial parent—may still have parenting time, but the custodial parent manages the child’s routine.

Courts generally presume that both parents should share joint legal custody, as long as it serves the child’s best interests. While joint physical custody is not automatically presumed, it is becoming more common, especially when both parents are capable of providing a stable environment. Unless one parent is found to be unfit or poses a risk to the child’s well-being, Minnesota courts usually award some form of custody or parenting time to both parents, promoting ongoing involvement from each parent in the child’s life.

If both parents share custody, does anyone pay child support?

Child support and child custody are considered completely separate. The time a child spends with each parent impacts child support. If you end up going to court over child support, the courts will look at the income of both parents and the number of overnights in a year each parent has with the minor child to determine whether child support must be paid.

What is the best way to obtain full custody of a child?

To obtain sole custody of your child, you will need to petition the courts and provide solid evidence that it’s in the best interest of the child. The courts like to see children spend time with both parents whenever possible, so they will not simply grant you sole custody because you’ve asked. You must have a compelling reason why your co-parent is not fit to share custody. You can speak to a Hennepin County child custody attorney to determine whether you have a solid argument for obtaining full custody of your child. Your attorney will explain the criteria the courts use to determine what is in the best interest of your child.

Do grandparents have custody and visitation rights?

Yes, Minnesota law does provide a way for grandparents to remain involved in their grandchildren’s lives when it is in the child’s best interests and does not interfere with the parent-child relationship. Under certain circumstances, grandparents may petition the court for visitation rights even if the child’s parents have divorced, one parent has died, or the child has lived with the grandparent for a significant period.

Additionally, under Minnesota law, grandparents (or other third parties) may seek third-party custody if they can prove that the child has resided with them, or that the parents are unfit or have abandoned the child. This is a higher legal threshold and requires clear evidence that third-party custody serves the child’s best interests. If you’re a grandparent concerned about your grandchild’s safety or care, consult with a Minnesota child custody attorney to understand your legal options and whether you meet the criteria for visitation or third-party custody.

Can I collect my own evidence to use if my custody case goes to court?

You certainly should consider compiling evidence in your custody case; it could be exactly what’s needed to win the case! Having solid custody evidence is vital to prevailing in court. It can also save you time and money. You should start preparing evidence right away so it doesn’t get lost in the shuffle of preparing for your custody case. One way to ensure this doesn’t happen is to keep a journal of interactions you have with your co-parent and the interactions they have with your child. It can sometimes be difficult to determine which documents you will need for your case, so make sure to consult your Minnesota child custody lawyer before getting rid of any documents.

Changing a custody arrangement after a divorce in Minnesota, especially if you’re asking for sole custody, can be difficult. Courts generally believe it’s best for children to have a relationship with both parents

How can you get custody of your child after a divorce?

The easiest and least stressful way to change a custody plan is for both parents to agree on a new arrangement and file it with the court. But if you believe your child’s other parent should no longer have joint custody—due to safety concerns, lack of involvement, or other serious issues,—you’ll need to file a motion with the court to request sole custody.

To get the court to approve this change, you’ll have to show clear evidence that your child is endangered by the current arrangement and is no longer in their best interests. This could include things like domestic violence, substance abuse, neglect, or significant changes in one parent’s ability to care for the child.

Minnesota courts will look at many factors before deciding whether to change custody, including the child’s emotional and physical needs, each parent’s involvement, and the stability of each home. Because these cases can be complex and emotionally charged, it’s important to talk with a Minnesota family law attorney who can help you understand your rights, gather the right evidence, and present the strongest case possible.

Should you hire Barbosa Law Group PLLC to represent your child custody case?

Child Custody is a sensitive and emotionally draining aspect of any separation involving children. Barbosa Law Group PLLC knows this better than anyone due to numerous years of work on child custody cases in Minnesota. We have handled many particularly complex cases and are known for negotiating favorable custody outcomes, navigating the division of assets, and resolving other high-tension issues with ease. Suppose you’d like to work with a child custody attorney who will work to ensure the least turbulent negotiation process possible for you and your children. In that case, you should consider hiring Barbosa Law Group PLLC to represent you in your child custody case.

What Is the Difference Between a Parenting Plan and a Custody Order?

In Minnesota, a parenting plan can be a more flexible and cooperative option for parents who want to avoid courtroom conflict and play an active role in designing how they will co-parent after separation or divorce. Instead of using formal legal terms like “physical custody” and “legal custody,” a parenting plan allows parents to write out their own detailed agreement using everyday language that works for their family.

Parents can submit a joint parenting plan to the court, which must include key components such as a schedule of time each parent spends with the child, decision-making responsibilities, and methods for resolving disagreements. As long as the plan serves the best interests of the child, the court is likely to approve it.

Parenting plans are often a better fit for parents who can communicate effectively and want more control over their family’s structure than what standard custody orders typically allow. They can help reduce misunderstandings, increase cooperation, and provide a clearer roadmap for day-to-day parenting.

A parenting plan may include:

Methods for resolving disagreements, such as mediation or counseling
Expectations around holidays, travel, and extracurricular activities
Communication rules between parents and the child
Provisions for adapting the schedule as the child grows

Parenting plans give parents room to customize and evolve, something a standard custody order doesn’t always support. They’re especially helpful when both parties want to foster long-term cooperation and avoid animosity but still need the legal backing of a court-approved child custody agreement.

Parenting plans aren’t for everyone. Some situations, such as when trust is broken or one parent consistently disregards boundaries, require a structured custody order that offers stronger legal protections and easier enforcement.

What Is Parallel Parenting and How Can It Help Your Child Custody Case?

In high-conflict custody situations where traditional co-parenting simply isn’t possible, parallel parenting offers an alternative that prioritizes the child’s emotional stability while minimizing direct interaction between parents. This structured approach is specifically designed for cases where ongoing hostility or poor communication make collaborative decision-making harmful or unrealistic.

Unlike co-parenting, where parents regularly coordinate and communicate about the child’s needs, parallel parenting limits contact to only what’s necessary and keeps most day-to-day decisions within the discretion of the parent currently caring for the child. It often involves:

Separate events for school, holidays, and extracurriculars
Detailed, court-approved parenting schedules
Written-only communication, often via parenting apps or email
Strict boundaries to avoid emotional escalation or manipulation

Parallel parenting is particularly useful in cases involving long-term conflict, personality disorders, or a history of toxic behavior. While both parents still maintain rights and responsibilities, the arrangement acts as a buffer, reducing the risk that their ongoing disputes will negatively affect the child.

This method also gives children a chance to build relationships with each parent without being placed in the middle of adult arguments. It fosters consistency and predictability, which are essential to a child’s development, especially when the adults cannot model unity or compromise.

How Does Domestic Violence Impact Custody Proceedings?

Allegations or evidence of domestic violence can significantly alter the course of a custody case in Minnesota. When abuse is a factor, the court shifts its focus to one overarching priority: protecting the child’s physical, emotional, and psychological health.

In these cases, the court is legally required to consider the presence of domestic abuse as a critical factor when determining what custody arrangement serves the child’s best interests. Judges may restrict the abusive parent’s role in the child’s life or require supervised parenting time, especially if there is reason to believe that contact would place the child or the other parent at risk.

Domestic violence doesn’t need to involve a police report or criminal conviction to influence a custody decision. Testimony, witness statements, protective orders, or even documented patterns of controlling behavior can impact how the court evaluates parenting capacity. Depending on the facts, courts may:

Deny or limit parenting time for the abusive parent
Order supervised exchanges or visitation in neutral locations
Prohibit overnight stays or unsupervised contact
Require participation in anger management or parenting programs
Issue Harassment Restraining Orders (HROs) or Orders for Protection (OFPs) to prevent future abuse

If you are unsure how to protect your child and prove domestic violence, or need help proving abuse with substantial evidence, or fight against allegations of domestic abuse, call 612-887-9289 to schedule a free consultation with Barbosa Law Group PLLC.

How Can Barbosa Law Group PLLC Help With Your Custody Case?

Child custody disputes are never just legal matters; they’re deeply personal battles that shape your family’s future. Barbosa Law Group PLLC approaches every case with a firm understanding that no two families are alike. Whether you’re at the start of a separation or navigating ongoing post-decree issues, we tailor legal strategies to fit your specific goals, dynamics, and concerns.

Barbosa Law Group PLLC’s Family attorneys understand how overwhelming the system can feel. So, we provide clear communication, steady guidance, and strategic action at every stage of your case. From preparing documentation to presenting compelling arguments in court, Barbosa Law Group PLLC focuses on solutions that support your child’s long-term well-being.

If you’re ready to take the next step, call 612-887-9286 today to schedule your free consultation. Let’s work together to protect what matters most.