What is a parenting plan in Minnesota?

In Minnesota, a parenting plan is a written document that sets out a schedule of the time each parent spends with the child, a designation of decision-making responsibilities, and a method of dispute resolution (Minnesota Statutes Section 518.1705 subdivision 2). It can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to change an existing order. Upon the request of both parents, the plan is created in lieu of a custody order unless the court finds it is not in the child's best interests.

What is the difference between a parenting plan and a custody order in Minnesota?

In Minnesota a parenting plan is the written arrangement the parents propose, while a custody order is what the court issues. Minnesota is unusual in that its statute lets a parenting plan be created in lieu of an order for child custody and parenting time when both parents request it, unless the court finds detailed reasons it is not in the child's best interests (Section 518.1705 subdivision 3). Once approved, the plan carries the force of a court order.

What are legal custody and physical custody in Minnesota?

In Minnesota, legal custody is the right to determine the child's upbringing, including education, health care, and religious training, and physical custody is the routine daily care and control and the residence of the child (Minnesota Statutes Section 518.003 subdivision 3). Each type can be joint, shared by both parents, or sole to one parent. Under joint legal custody both parents have equal rights to participate in major decisions.

What must a Minnesota parenting plan include?

A Minnesota parenting plan must include three things: a schedule of the time each parent spends with the child, a designation of decision-making responsibilities regarding the child, and a method of dispute resolution (Section 518.1705 subdivision 2). Parents may also substitute their own terms for physical and legal custody, such as joint or sole custody designations, provided the plan defines those terms.

Is a written parenting plan required in Minnesota?

A Minnesota parenting plan is created upon the request of both parents in lieu of a custody order, so it is a consensual option rather than a step required in every case (Section 518.1705 subdivision 3). If the parents do not use a parenting plan, the court sets legal custody, physical custody, and parenting time by order under the best interests standard. A clear written plan still shows the court the arrangement the parents want approved.

Do parents have to take a parenting class in Minnesota?

Yes, in many cases. In a Minnesota proceeding where the parents have not agreed on custody or a parenting-time schedule, the court shall order the parents to attend or take online a minimum of eight hours of an educational program (Section 518.157 subdivision 3(a)). The class is educational and focuses on the effects of the family transition on children rather than on individual counseling.

Where do I file a Minnesota parenting plan?

A Minnesota parenting plan is filed in the district court handling your divorce, custody, or parenting-time case, and it takes effect when the court approves it under the best interests of the child standard (Section 518.17). The Minnesota Judicial Branch publishes self-help resources on custody and parenting time. Custody and parenting time are decided within that court file rather than through a separate standalone filing.

Minnesota Parenting Plan

A Minnesota parenting plan sets out legal custody, physical custody, and the parenting-time schedule two parents ask the court to approve under the best interests of the child standard. Attorney review available.

Find out where you stand in Minnesota

What is your situation with the parenting plan?

DocDraft provides document preparation, not legal advice.

Introduction

Minnesota gives parents a statutory parenting plan they can use in place of a custody order: a written document that sets out the schedule of time each parent spends with the child, who makes decisions, and how future disputes are handled. It is used by parents who are divorcing, by parents who were never married, and by parents changing an existing order. In Minnesota, custody has two parts: legal custody, which under Minnesota Statutes Section 518.003 subdivision 3 is the right to determine the child's upbringing, including education, health care, and religious training, and physical custody, which is the routine daily care and control and the residence of the child. Each can be joint or sole. Minnesota courts decide custody and parenting time by the best interests of the child, considering the relevant factors listed in Section 518.17 subdivision 1, and there is no presumption for or against joint physical custody except a rebuttable presumption in cases of domestic abuse (Section 518.17 subdivision 1(b)). A Minnesota parenting plan must include a schedule of time with each parent, a designation of decision-making responsibilities, and a method of dispute resolution, and upon the request of both parents it is created in lieu of a custody order unless the court finds it is not in the child's best interests (Section 518.1705 subdivisions 2 and 3). Parents may even substitute their own terms for physical and legal custody, provided the plan defines them. DocDraft builds your Minnesota parenting plan from your family's schedule, with attorney review available before you file it in district court.

Key Things to Know

1
A parenting plan is a written document in which two parents set out the time each spends with the child, who makes decisions, and how disputes are resolved, whether the parents are divorcing, were never married, or are changing an existing order.
2
In Minnesota, legal custody is the right to determine a child's upbringing, including education, health care, and religious training, and physical custody is the routine daily care and control and the residence of the child; each can be joint or sole (Minnesota Statutes Section 518.003 subdivision 3).
3
A Minnesota parenting plan must include a schedule of the time each parent spends with the child, a designation of decision-making responsibilities, and a method of dispute resolution (Section 518.1705 subdivision 2).
4
Upon the request of both parents, a Minnesota parenting plan is created in lieu of a custody order unless the court makes detailed findings that it is not in the child's best interests (Section 518.1705 subdivision 3).
5
Minnesota courts decide custody and parenting time by the best interests of the child under Section 518.17 subdivision 1, and there is no presumption for or against joint physical custody except a rebuttable domestic-abuse presumption (Section 518.17 subdivision 1(b)).
6
In a Minnesota parenting plan the parents may substitute their own terms for physical and legal custody, provided the terms are defined in the plan (Section 518.1705 subdivision 2).
7
Where the parents have not agreed on custody or a parenting-time schedule, a Minnesota court will order them to attend at least eight hours of a parent-education program (Section 518.157 subdivision 3(a)).

Key decisions before you file

Before you file a Parenting Plan in Minnesota, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

Customize your Parenting Plan Template with DocDraft

MINNESOTA PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing order. Under Minnesota Statutes Section 518.1705, it sets out the schedule of time each parent spends with the children, a designation of decision-making responsibilities, and a method of dispute resolution, which the parents ask a Minnesota court to approve.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Decision-making (legal custody). The parents will share [joint / sole to PARENT] legal custody. Major decisions about the children's education, health care, and religious training will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine day-to-day decisions while the children are in that parent's care and may authorize emergency medical treatment when needed.
Time schedule (physical custody and parenting time). The children's routine daily care and residence will be [joint / sole to PARENT]. The children will live with [PARENT] and spend parenting time with the other parent as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer parenting time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Substituted terms. If the parents choose to use terms other than physical and legal custody, those terms are defined here: [DEFINE ANY SUBSTITUTED TERMS, as allowed by Section 518.1705].
Dispute resolution. If a disagreement arises about this plan, the parents will resolve it through [the method the parents choose, for example mediation] before returning to court, as required by Section 518.1705.

This parenting plan is subject to court approval and is guided by the best interests of the child under Minnesota Statutes Section 518.17. For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Minnesota Requirements for Parenting Plan

Legal and Physical Custody
Minnesota custody has two parts: legal custody, the right to determine the child's upbringing, including education, health care, and religious training, and physical custody, the routine daily care and control and the residence of the child. Each can be joint or sole (Minnesota Statutes Section 518.003 subdivision 3).
Best Interests of the Child Standard
A Minnesota court decides custody and parenting time by the best interests of the child, considering and evaluating the relevant factors listed in Section 518.17 subdivision 1(a). There is no presumption for or against joint physical custody, except a rebuttable presumption that joint custody is not in the child's best interests where domestic abuse has occurred (Section 518.17 subdivision 1(b)).
Required Parenting-Plan Contents
A Minnesota parenting plan must include a schedule of the time each parent spends with the child, a designation of decision-making responsibilities regarding the child, and a method of dispute resolution (Minnesota Statutes Section 518.1705 subdivision 2). These three elements are the core of every Minnesota parenting plan.
Plan Created in Lieu of a Custody Order
Upon the request of both parents, a Minnesota parenting plan must be created in lieu of an order for child custody and parenting time, unless the court makes detailed findings that the proposed plan is not in the child's best interests (Section 518.1705 subdivision 3). It is a consensual option rather than a step required in every case.
Substituting Terms for Custody
In a Minnesota parenting plan the parents may substitute their own terms for physical and legal custody, including designations of joint or sole custody, provided that the terms used in the substitution are defined in the parenting plan (Section 518.1705 subdivision 2). If no substitution is made, the standard legal and physical custody labels apply.
Parenting-Time Schedule
Your plan should describe the parenting-time schedule in detail: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. The schedule of time each parent spends with the child is a mandatory element of a Minnesota parenting plan (Section 518.1705 subdivision 2).
Parent-Education Program
In a Minnesota proceeding where the parents have not agreed on custody or a parenting-time schedule, the court shall order the parents to attend or take online a minimum of eight hours of an educational program (Section 518.157 subdivision 3(a)). The program is educational and focuses on the effects of the family transition on children.
Court Approval
A Minnesota parenting plan takes effect only when the district court approves it under the best interests of the child standard (Section 518.17). Custody and parenting time are decided within the divorce, custody, or parenting-time case, and the Minnesota Judicial Branch publishes self-help resources on custody and parenting time.

Find out where you stand in Minnesota

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Minnesota Requirements for Parenting Plan

Legal and Physical Custody

Best Interests of the Child Standard

Required Parenting-Plan Contents

Plan Created in Lieu of a Custody Order

Substituting Terms for Custody

Parenting-Time Schedule

Parent-Education Program

Court Approval

Frequently Asked Questions