Thirteen Minnesota Custody Criteria

[papawapa]

1. The wishes of the children's parent or parents as to custody.

2. The reasonable preference of the children, if the court deems the children to be of sufficient age to express preference.

3. The children's primary caretaker.

4. The intimacy of the relationship between each parent and the children.

5. The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interest.

6. The children's adjustment to home, school, and community.

7. The length of time the children have lived in a stable, satisfactory environment and the desirability of maintaining continuity.

8. The permanence, as a family unit, of the existing or proposed custodial home

9. The mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the children shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child.

10. The capacity and disposition of the parties to give children love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any.

11. The children's cultural background.

12. The effect on the children of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, 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.

13. Except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the children.

[Matt]

Thanks - I think Minnnesota's criteria are the basis for a lot of other states too, so it's good to have these as reference.

Knowing the criteria for custody can give you a road map - how to prepare and what information to get into the right hands - the GAL, Custody Evaluator, judge, or whoever... .

[livednlearned]

#9 -- about the mental and physical health of all individuals involved... .

That says volumes when the mental health is BPD.

Thanks for posting. It's good to see this list. And sad, too, because this represents a world of pain for us.