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Minnesota Family Court: Custody and Parenting-Time Guide

Plain-language Minnesota information for a custody or parenting-time route, including filing, official forms, free help, fee waivers, and legal-cost context.

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This page provides general legal information, not legal advice. State law, court rules, forms, and local procedures can change. Confirm current requirements with the court handling the case.

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Find the right family court

The custody or parenting-time route described in this guide is handled through the Minnesota District Courts. Other family-law matters can follow a different court or procedure.

Find the court for your area.

  • Minnesota Judicial Branch describes custody and parenting-time matters as being handled in Minnesota District Court; use the court finder to identify the district trial court by county.Sources:Child Custody & Parenting Time, Find Courts

How Minnesota courts decide custody

For custody and parenting-time decisions, Minnesota law requires the court to consider and evaluate all relevant best-interest factors.Sources:Minnesota Statutes 2025, Section 518.17

  • The statutory factors include the child's needs, safety concerns, each parent's caregiving history, and the effects of proposed arrangements; the court must make detailed findings on the factors.Sources:Minnesota Statutes 2025, Section 518.17

Key legal sources

Parenting time

Minnesota uses the term parenting time, and the same best-interest analysis applies when deciding custody and parenting time.Sources:Minnesota Statutes 2025, Section 518.17

  • The statute directs the court to consider the benefit of maximizing parenting time with both parents and the detriment of limiting it, subject to the listed factors and safety considerations.Sources:Minnesota Statutes 2025, Section 518.17

Key legal sources

How to file

This route is limited to an initial request to establish custody and parenting time in Minnesota District Court for unmarried parents who have signed and filed a Recognition of Parentage. It excludes divorce, legal separation, a paternity action without a filed Recognition of Parentage, modification or enforcement of an existing order, third-party custody, child-protection matters, and protection-order proceedings.Sources:Child Custody & Parenting Time, Minnesota Statutes 2025, Section 257.541

  1. Confirm that this packet fits the parentage status

    The Judicial Branch says unmarried parents with a signed and filed Recognition of Parentage may use the Request to Establish Custody and Parenting Time packet. If there is no filed Recognition of Parentage, its paternity guidance identifies a different route.Sources:Child Custody & Parenting Time, Minnesota Statutes 2025, Section 257.541

  2. Use the current court packet and instructions

    The official packet lists CHC101 instructions and the CHC102 summons, CHC103 petition, and CHC105 affidavit for this route. It also includes confidentiality materials (CON110, CON111, and CON112), DIV813 and DIV816 when the public-assistance or child-support-services condition in the instructions applies, and SOP102 after personal service. Read CHC101 and confirm current local filing practice before filing.Sources:Forms & Instructions: Request to Establish Custody and Parenting Time, Instructions - Establishing Custody and Parenting Time for Unmarried Parents (ROP)

  3. Confirm the district court and local filing procedure

    Use the Judicial Branch court finder to identify the District Court for the county and confirm that court's current filing and service procedure. This draft does not state a service method or deadline.Sources:Find Courts

Official forms

Open the official forms portal.

Free court self-help

Find court self-help near you.

  • Central Minnesota Legal Services Family Law

    Area served: Listed counties in central Minnesota, including Anoka, Hennepin, Stearns, and other counties on the provider page.

    Provides free family-law advice through its High-Volume Advice line; some cases may receive further services based on priorities and staff resources.Sources:CMLS Family Law

    Eligibility: The provider describes service for low-income people; applicants begin through the advice line and further service is not assured.

  • Volunteer Lawyers Network Family Client Resources

    Area served: Family-law advice services may be statewide; the provider describes additional custody representation services in Hennepin County.

    Offers family-law advice and, for eligible clients in stated areas, may offer brief services or representation.Sources:Family Client Resources

    Eligibility: Financial and issue eligibility screening and attorney availability apply; the provider says advice is not immediate.

Fee waivers

A District Court may waive all or part of specified court fees and costs when the statutory conditions are met; a fee waiver order does not mean every cost or any later judgment is permanently waived.Sources:Minnesota Statutes 2025, Chapter 563, Fee Waiver (IFP)

Who may qualify

  • Minnesota Statutes section 563.01 permits a fee-waiver request supported by an affidavit of financial inability, subject to the statute's conditions; the Judicial Branch identifies public assistance, low income, or inability to afford the fee as possible qualifying circumstances.Sources:Minnesota Statutes 2025, Chapter 563, Fee Waiver (IFP)

What to do

  1. Complete the current fee-waiver materials with the case papers

    The Judicial Branch instructs a person seeking a District Court fee waiver to complete the Affidavit to Request Fee Waiver and bring it with the documents for the legal action; confirm the reviewing procedure with the court because procedures can vary.Sources:Fee Waiver (IFP), Forms Packet: Fee Waiver

Official fee-waiver forms

Key statute or rule

Attorney cost benchmark

Lawyer fees vary by county, experience, services, and the facts of a case. This state benchmark is context for planning, not a quote.

State and local details to confirm

Part of Family Law in Your State.