Is joint physical custody preferred in Minnesota?
Joint physical custody is common in Minnesota, but not “preferred”. In fact, a growing preference in the Minnesota courts is to avoid a “label” for physical custody, so that the parenting arrangement is called neither “sole physical custody” nor “joint physical custody”. Most joint physical custody arrangements involve a roughly equal split of time between each parent’s home. However, some joint physical custody cases involve a parenting schedule that is a substantial departure from the 50/50 model. Those cases reflect the fact that the label does not often match the actual arrangement. Moreover, the likelihood of a child custody case resulting in joint physical custody varies depending on the judge presiding over the case, or even on the county in which the case takes place. For example, Anoka County has a long-established pattern of being less-inclined to rule in favor of joint physical custody.
