Types of Child Custody: Legal vs. Physical
As a family law attorney in St. Paul, Minnesota, we understand how child custody decisions can weigh heavily on a parent’s heart and future. Custody arrangements not only shape where a child lives but also determine who makes important decisions for them. When parents separate or divorce, one of the most important issues to address is custody.
The legal system splits custody into two primary types: legal and physical. Each type carries its own responsibilities, and both affect how parents remain involved in their children’s lives. Johnson Bigelbach Law, PLLC can help.
Defining Legal Custody
Legal custody refers to the right to make major decisions about a child’s upbringing. This includes decisions related to education, health care, and religion. In St. Paul, Minnesota, courts often prefer to grant joint legal custody unless there's a compelling reason not to.
When parents share joint legal custody, both must work together to make significant choices. This doesn’t mean they have to agree on every detail, but it does mean that each has a say in the child’s major life decisions. We’ve found that some of our clients benefit from joint legal custody when both parents are equally involved in the child’s daily life.
Sole legal custody gives one parent the authority to make these decisions alone. The court may award sole legal custody when communication between parents has broken down, or when one parent has demonstrated that they can’t act in the child’s best interest due to abuse, neglect, or absence.
As a child custody attorney, we help clients present strong arguments for or against sole legal custody depending on their situation.
An Intro to Physical Custody
Physical custody covers where the child lives and who handles daily care. In St. Paul, parents can be awarded sole physical custody or joint physical custody. These decisions are based on what the court believes is in the best interest of the child.
Sole physical custody means the child lives with one parent the majority of the time, while the other parent has parenting time. This is sometimes necessary when one parent’s home is more stable, or when significant distance between homes makes equal time impractical.
Joint physical custody involves the child spending substantial time with both parents. This doesn’t always mean a 50/50 time split, but it does mean both parents share responsibilities.
Some families thrive with alternating weeks or weekday/weekend splits. Others adjust the schedule based on work and school routines. We help each client find a setup that fits their family’s rhythm and works within court guidelines.
Key Factors Courts Consider in St. Paul, Minnesota
St. Paul family courts base custody decisions on what’s best for the child—not necessarily what’s easiest for the parents. The law includes several specific factors that judges must review when determining legal or physical custody:
The child’s emotional, physical, cultural, and spiritual needs
Each parent’s ability to meet those needs
The child’s preference, if they're old enough and mature enough to express it
The relationship between the child and each parent
The willingness of each parent to support the child’s relationship with the other parent
Any history of domestic abuse or neglect
These factors allow courts to look at the bigger picture of the child’s well-being. As a family law attorney, we help clients prepare evidence and testimony that reflect these standards and present their parenting strengths in court.
Joint Custody Doesn’t Always Mean Equal Time
A common misconception is that joint physical custody means parents split time evenly. That’s not always true. In St. Paul, joint custody can mean different things depending on the case. The goal isn’t to divide time perfectly, but to promote stability and continuity for the child.
Joint custody may still involve one parent handling the bulk of school week responsibilities, while the other takes more weekend or summer parenting time. We've worked with clients to customize agreements that consider school locations, work schedules, and children's routines. Our role as a family law attorney is to help you present a parenting plan that works in practice—not just on paper.
Parenting Time and Its Relation to Custody
St. Paul courts use the term parenting time rather than visitation. Parenting time defines when the child is with each parent, regardless of who has physical custody. Even a parent without custody is typically entitled to parenting time unless the court believes the child’s safety would be at risk.
The law presumes that parenting time should be at least 25% of the time unless there’s a good reason to restrict it. In high-conflict situations, the court may order supervised parenting time or place other conditions to protect the child. We’ve helped parents modify or enforce parenting time when circumstances change or one parent isn’t honoring the agreement.
Modifying Custody Orders
Life isn’t static, and your custody order doesn’t have to be either. St. Paul, Minnesota law allows custody modifications if there’s been a substantial change in circumstances. For example:
A parent relocates for work or personal reasons
One parent develops a health issue that affects parenting
The child’s needs evolve as they age
There's evidence of emotional or physical harm
To modify custody, a parent must file a motion and present evidence that the change is necessary and better for the child. Courts don’t take these changes lightly, and they’ll require proof that the child’s well-being would improve. As a family law attorney, we work with parents to gather documentation, file motions, and represent them at hearings if needed.
Custody and Child Support Are Connected
Custody arrangements directly influence child support. The more parenting time one parent has, the more likely it is that the other parent will pay support. St. Paul uses a state formula that considers:
Both parents’ incomes
The percentage of parenting time
Expenses such as medical care and childcare
We often work with parents to calculate accurate support amounts, especially when one parent is self-employed or earns irregular income. Courts want financial arrangements that reflect the true cost of raising a child, and we help our clients provide a clear, honest financial picture.
The Importance of a Parenting Plan
St. Paul law requires a parenting plan in every custody case. This document outlines how parents will handle daily life, make decisions, and share time with the child. A good parenting plan avoids confusion and future disputes.
Your parenting plan should address:
Where the child will live
Regular and holiday parenting time
Transportation responsibilities
How you’ll communicate about the child
How decisions will be made about school, health care, and other matters
How disputes between parents will be resolved
Courts often approve parenting plans that are well-thought-out and agreed upon by both parents. We help parents draft parenting plans that match their child’s needs and their own capacity to manage shared responsibilities.
Disputes and High-Conflict Situations
Not all parents can agree on custody terms, especially during or after a tough breakup. When disputes arise, the court will step in to make decisions. These cases can become emotionally charged, and it’s important to stay focused on the child’s best interest.
In some situations, the court may order mediation or custody evaluations. A neutral third party may be appointed to interview the parents, the child, and other key figures like teachers or counselors. As your family law attorney, we help prepare you for these steps and make sure your voice is heard.
We also assist clients in gathering records—text messages, calendars, photos, or even journals—that demonstrate involvement and support for the child’s day-to-day life.
Emergency Custody Orders
There are times when a parent may need to request an emergency change in custody. This typically happens when the child’s safety is at risk due to abuse, neglect, or another immediate concern. Courts act quickly in these cases, sometimes issuing temporary emergency custody orders within days.
If you're worried about your child's safety, it's critical to move fast and submit strong evidence. We act quickly in emergency custody cases, helping clients get protection for their children and then following up with formal proceedings to secure longer-term custody changes.
Sole Custody May Work in Some Cases
While many families work toward joint custody, some circumstances make sole legal or physical custody more appropriate. If one parent travels often, has untreated substance abuse issues, or has a history of violent behavior, sole custody can create a safer and more stable environment for the child.
We help clients build cases for sole custody when needed, collecting records, witness statements, and documentation that supports their concerns. Courts don’t grant sole custody lightly, so it’s important to present a clear, well-supported request.
Customizing Custody for Modern Families
Every family is different. Some parents live close to each other and communicate well. Others live across the city or in entirely different parenting styles. We tailor each custody arrangement to reflect real-world schedules, responsibilities, and goals.
As a family law attorney, we’ve helped blended families, unmarried parents, same-sex couples, and business owners work through child custody arrangements that reflect their values and priorities. There’s no one-size-fits-all solution, and St. Paul law allows flexibility—if you know how to request it.
Speak With a Family Law Attorney in St. Paul, Minnesota
Custody decisions are about more than legal terms—they shape your child’s daily life and your role in it. Whether you're seeking joint custody, making a modification, or involved in a dispute, having the right support can make a difference. Reach out to speak with a family law attorney in St. Paul, Minnesota, who’ll take the time to listen, strategize, and fight for what matters most—your relationship with your child. Contact Johnson Bigelbach Law, PLLC.