Minnesota Sole Custody Agreement

SOLE CUSTODY AGREEMENT

Pursuant to Minn. Stat. §§ 518.17 and 518.175

State of Minnesota — District Court

County of [________________________________]

Judicial District: [____]

In Re the Marriage of (or In the Matter of the Custody of):

Petitioner: [________________________________]

Respondent: [________________________________]

Court File No.: [________________________________]

PREAMBLE AND PARTIES

This Sole Custody Agreement ("Agreement") is entered into by:

• Custodial Parent: [________________________________] (☐ Petitioner / ☐ Respondent)
• Address: [________________________________]
• Telephone: [________________________________]

• Email: [________________________________]

• Non-Custodial Parent: [________________________________] (☐ Petitioner / ☐ Respondent)

• Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]

Minor Child(ren):

This Agreement is entered into in connection with:
☐ Dissolution of Marriage (Minn. Stat. Ch. 518)
☐ Legal Separation (Minn. Stat. § 518.06)
☐ Custody Proceeding — Unmarried Parents (Minn. Stat. § 257.541)
☐ Other: [________________________________]

ARTICLE I — REBUTTAL OF JOINT LEGAL CUSTODY PRESUMPTION

1.1 Minnesota's Presumption of Joint Legal Custody

Minnesota law establishes a rebuttable presumption that joint legal custody is in the best interests of the child upon request by either parent (Minn. Stat. § 518.17, subd. 1(b)(9)). The parties acknowledge this presumption and agree that it is overcome in this case for the following reasons:

☐ Domestic Abuse (Minn. Stat. § 518.17, subd. 1(b)(9)): Domestic abuse as defined in Minn. Stat. § 518B.01 has occurred between the parents. Minnesota law creates a rebuttable presumption that joint legal custody or joint physical custody is not in the best interests of the child when domestic abuse has occurred.

• ☐ Order for Protection (OFP) issued — Case No.: [________________________________], Date: [__/__/____]
• ☐ Harassment Restraining Order (HRO) issued — Case No.: [________________________________], Date: [__/__/____]
• ☐ Criminal domestic abuse conviction — Case No.: [________________________________]
• ☐ Other documentation: [________________________________]

☐ Inability to Cooperate (Factor 12 — Minn. Stat. § 518.17, subd. 1(a)(12)): The parents are unable to cooperate in the rearing of the child(ren) due to: [________________________________]

☐ Parental Fitness Concern (Factor 5 — Minn. Stat. § 518.17, subd. 1(a)(5)): A parent has a physical, mental, or chemical health issue that affects the child's safety or well-being: [________________________________]

☐ Other Best-Interest Factors: The following factors under Minn. Stat. § 518.17, subd. 1(a) support sole custody: [________________________________]

☐ Consent: Both parents voluntarily agree that sole custody to the Custodial Parent is in the child(ren)'s best interests.

ARTICLE II — SOLE LEGAL CUSTODY

2.1 Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren), with the exclusive right and responsibility to make all major decisions regarding the child(ren)'s upbringing, including but not limited to:

• Education: School enrollment (public, private, charter, homeschool), special education services (IEP, Section 504), tutoring, educational support, school changes, and post-secondary planning
• Healthcare: Selection of physicians, dentists, and specialists; authorization of medical procedures and treatments; immunizations; medications; orthodontics; elective procedures
• Mental Health: Selection of therapists, counselors, and psychiatrists; authorization of mental health treatment and psychiatric medication
• Religious Training: Religious education, affiliation, and practice
• Extracurricular Activities: Enrollment in sports, clubs, lessons, and organized activities
• Legal Matters: Authorizing legal proceedings involving the child(ren)
• Travel: Out-of-state and international travel decisions
• Other: Driver's license applications, employment of a minor child, and other significant decisions

2.2 Consultation Rights of Non-Custodial Parent

☐ Option A — No Consultation Required: The Custodial Parent has exclusive decision-making authority and is not required to consult with the Non-Custodial Parent, although courtesy notification is encouraged for significant decisions.

☐ Option B — Notification After the Fact: The Custodial Parent shall notify the Non-Custodial Parent within [____] days of making any major decision, providing a summary of the decision and the reasons for it.

☐ Option C — Advisory Consultation: The Custodial Parent shall consult with the Non-Custodial Parent before making major decisions and consider the Non-Custodial Parent's input, but the Custodial Parent retains final decision-making authority.

2.3 Emergency Decisions

Either parent may make emergency medical or safety decisions when the child is in their care. The parent making the emergency decision shall notify the other parent as soon as reasonably possible, and no later than twenty-four (24) hours after the emergency.

2.4 Information Access

Regardless of the sole legal custody designation, the Non-Custodial Parent retains the right to access and receive copies of:

• School records, report cards, and progress reports (directly from the school)
• Medical, dental, and mental health records (directly from providers)
• Extracurricular activity schedules
• School event calendars

The Custodial Parent shall list the Non-Custodial Parent as an emergency contact at the child(ren)'s school and with healthcare providers, unless a court order restricts such access.

ARTICLE III — SOLE PHYSICAL CUSTODY AND PRIMARY RESIDENCE

3.1 Grant of Sole Physical Custody

The Custodial Parent shall have sole physical custody. The child(ren) shall reside primarily with the Custodial Parent at:

Address: [________________________________]

City/State/ZIP: [________________________________]

County: [________________________________]

School District: [________________________________]

3.2 Household Members

The following persons reside or regularly stay in the Custodial Parent's household:

ARTICLE IV — PARENTING TIME FOR NON-CUSTODIAL PARENT

4.1 25% Minimum Parenting Time Presumption

Minnesota law establishes a rebuttable presumption that each parent should receive at least 25 percent of the parenting time (Minn. Stat. § 518.175, subd. 1(g)).

☐ The parenting time schedule below meets or exceeds the 25% threshold for the Non-Custodial Parent ([____] overnights per year, approximately [____]%).

☐ The 25% presumption is rebutted because: [________________________________]

4.2 Parenting Time Schedule

Select the applicable parenting time arrangement:

☐ Schedule A — Standard Parenting Time

• Alternating Weekends: Every other weekend from Friday at [____]:00 ☐ PM to Sunday at [____]:00 ☐ PM
• Midweek Visit: Every [____]day from [____]:00 ☐ PM to [____]:00 ☐ PM (☐ overnight / ☐ dinner visit only)
• Approximate annual overnights: [____]

☐ Schedule B — Expanded Parenting Time

• Alternating Weekends: Every other weekend from Friday after school to Monday morning school drop-off
• Midweek Overnight: Every [____]day after school to [____]day morning school drop-off
• Approximate annual overnights: [____]

☐ Schedule C — Supervised Parenting Time
(Applicable when safety concerns under Minn. Stat. § 518.175, subd. 1 warrant supervision)

• Frequency: [____] times per ☐ week / ☐ month
• Duration: [____] hours per visit
• Location: ☐ Supervised visitation center: [________________________________] / ☐ In presence of approved supervisor: [________________________________]
• Supervisor qualifications: [________________________________]
• Conditions for supervised visits:
• ☐ Non-Custodial Parent shall not be under the influence of drugs or alcohol
• ☐ Non-Custodial Parent shall comply with all supervisor directives
• ☐ Non-Custodial Parent shall have completed: ☐ substance abuse treatment / ☐ anger management / ☐ parenting classes / ☐ domestic abuse intervention program
• ☐ Other: [________________________________]
• Review of supervision requirement: The parties agree to review the necessity of supervision every [____] months. The Non-Custodial Parent may petition the Court for unsupervised parenting time upon demonstrating: [________________________________]

☐ Schedule D — Therapeutic / Reintegration Parenting Time
(For situations where a parent-child relationship requires gradual rebuilding)

• Phase 1 (Weeks 1-[____]): [________________________________]
• Phase 2 (Weeks [____]-[____]): [________________________________]
• Phase 3 (Weeks [____]+): [________________________________]
• Therapist overseeing reintegration: [________________________________]

☐ Schedule E — Custom Schedule
[________________________________]
[________________________________]
[________________________________]

4.3 Restriction of Parenting Time (Minn. Stat. § 518.175, subd. 5(c))

☐ This section is not applicable.

☐ The Non-Custodial Parent's parenting time is restricted below the 25% presumption because:

• ☐ The current arrangement endangers the child(ren)'s physical or emotional health or impairs the child(ren)'s emotional development (Minn. Stat. § 518.175, subd. 5(c))
• ☐ The Non-Custodial Parent has chronically and unreasonably failed to comply with court-ordered parenting time (Minn. Stat. § 518.175, subd. 5(c))
• ☐ Other: [________________________________]

4.4 Holiday and Special Day Schedule

Holiday parenting time supersedes the regular schedule.

4.5 Summer Parenting Time

The Non-Custodial Parent shall have [____] weeks of extended summer parenting time (☐ consecutive / ☐ non-consecutive), with at least [____] days' written notice to the Custodial Parent.

Summer vacation time shall not unreasonably interfere with the child(ren)'s established summer activities and programs.

4.6 Vacation and Travel

Non-Custodial Parent's Travel with Child(ren):

• In-state travel during parenting time: ☐ No prior notice required / ☐ [____] days' advance notice
• Out-of-state travel: [____] days' advance written notice with itinerary and contact information required
• International travel: Requires ☐ Custodial Parent's written consent / ☐ Court order

Custodial Parent's Travel with Child(ren):

• In-state travel: No restriction
• Out-of-state travel of fewer than [____] days: [____] days' advance notice
• International travel: [____] days' advance notice with itinerary

ARTICLE V — EXCHANGES AND TRANSPORTATION

5.1 Exchange Location

Primary: [________________________________]

Alternate (school closures, emergencies): [________________________________]

☐ Due to domestic abuse concerns, exchanges shall occur at: ☐ a supervised exchange center / ☐ a public location / ☐ through a third party: [________________________________]

5.2 Exchange Protocol

☐ The Non-Custodial Parent picks up the child(ren) at the start of parenting time and returns the child(ren) at the end.
☐ The Custodial Parent delivers and picks up the child(ren).
☐ Exchanges occur at school/daycare.
☐ Other: [________________________________]

5.3 Transportation Costs

☐ Borne by the Non-Custodial Parent
☐ Shared equally
☐ Other: [________________________________]

5.4 Return of Child(ren)

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent promptly at the conclusion of each parenting time period. Failure to return the child(ren) at the scheduled time without advance notice and reasonable cause constitutes a material breach and may be grounds for modification of parenting time or contempt proceedings.

ARTICLE VI — COMMUNICATION

6.1 Parent-to-Parent Communication

Communication regarding the child(ren) shall occur through: ☐ OurFamilyWizard / ☐ TalkingParents / ☐ Email / ☐ Text / ☐ Other: [________________________________]

☐ Due to domestic abuse or high conflict, all communication shall be in writing and through a monitored platform.

6.2 Parent-Child Communication

The Custodial Parent shall facilitate regular communication between the child(ren) and the Non-Custodial Parent:

• Telephone and/or video calls: ☐ Daily at approximately [____]:00 ☐ PM / ☐ [____] times per week / ☐ As reasonably requested
• Duration: Up to [____] minutes
• The child(ren) shall have access to a phone for private conversations with the Non-Custodial Parent

6.3 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of:

• Any emergency, serious illness, or injury involving the child(ren)
• Hospitalization
• Involvement with law enforcement
• School disciplinary action (suspension or expulsion)

6.4 Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent in the child(ren)'s presence or hearing, nor permit others to do so.

ARTICLE VII — RELOCATION

7.1 Custodial Parent — In-State Relocation

The Custodial Parent may relocate within Minnesota with [____] days' advance written notice to the Non-Custodial Parent. The notice shall include the new address, reason for relocation, and proposed modifications to the parenting time schedule if the move affects the existing schedule.

7.2 Custodial Parent — Out-of-State Relocation (Minn. Stat. § 518.175, subd. 3)

The Custodial Parent shall not move the child(ren)'s residence to another state without:

• (a) The Non-Custodial Parent's written consent; or
• (b) A court order permitting removal under Minn. Stat. § 518.175, subd. 3.

The Custodial Parent bears the burden of proof that the relocation serves the child(ren)'s best interests, unless the Custodial Parent has been a victim of domestic abuse by the Non-Custodial Parent.

7.3 Non-Custodial Parent — Relocation

The Non-Custodial Parent shall provide written notice to the Custodial Parent at least [____] days before relocating. If the relocation makes the existing parenting time schedule impracticable, the parties shall negotiate revised parenting time in good faith or seek court modification.

ARTICLE VIII — DOMESTIC VIOLENCE AND SAFETY PROVISIONS

8.1 Applicability

☐ This Article does not apply. No domestic abuse history.

☐ This Article applies. The following safety measures are in effect:

8.2 Protective Orders

☐ Order for Protection (OFP) — Case No.: [________________________________], Expires: [__/__/____]
☐ Harassment Restraining Order (HRO) — Case No.: [________________________________], Expires: [__/__/____]

8.3 Safety Measures for Parenting Time

☐ Supervised parenting time (see Article IV, Section 4.2, Schedule C)
☐ No overnight parenting time until: [________________________________]
☐ No alcohol or drug use within [____] hours of or during parenting time, with testing: [________________________________]
☐ Completion of domestic abuse intervention program required before unsupervised time: [________________________________]
☐ Non-Custodial Parent shall not possess firearms during parenting time
☐ Exchanges at a supervised exchange center or public location only
☐ GPS tracking or check-in requirements during travel with child(ren): [________________________________]
☐ Other: [________________________________]

8.4 Mandatory GAL Appointment

If the court has reason to believe that the child is a victim of domestic child abuse or neglect, a Guardian Ad Litem must be appointed under Minn. Stat. § 518.165, subd. 1.

☐ A GAL has been appointed: [________________________________]
☐ The parties request appointment of a GAL.

ARTICLE IX — PARENT EDUCATION AND ADR

9.1 Parent Education (Minn. Stat. § 518.157)

Both parents shall complete the mandatory minimum eight (8) hour parent education program. Participation must begin within thirty (30) days of filing and prior to the ICMC.

☐ Due to domestic abuse allegations, the parties shall attend separate sessions.

Custodial Parent: Program: [________________________________] Status: ☐ Completed / ☐ Enrolled / ☐ Pending

Non-Custodial Parent: Program: [________________________________] Status: ☐ Completed / ☐ Enrolled / ☐ Pending

9.2 Alternative Dispute Resolution

Before filing any motion with the Court regarding parenting time, the parties agree to:

☐ Parenting Time Expeditor (Minn. Stat. § 518.1751): The parties consent to the appointment of a parenting time expeditor. Expeditor: [________________________________]

☐ Mediation: The parties shall attend mediation before filing motions. ☐ Exception: Mediation is not required due to domestic abuse (Minn. Stat. § 518.175).

☐ Social Early Neutral Evaluation (SENE): The parties agree to participate in a SENE under Minn. Gen. R. Prac. 310 for substantive parenting time disputes.

☐ ADR is waived due to domestic abuse or other safety concerns.

9.3 Emergency Court Relief

Either parent may seek emergency relief under Minn. Stat. § 518.131 without first completing ADR if there is an imminent risk of harm to the child(ren).

ARTICLE X — ADDITIONAL PROVISIONS

10.1 Substance Use

Neither parent shall use illegal controlled substances at any time. Neither parent shall consume alcohol to excess during parenting time or within twelve (12) hours before parenting time begins.

☐ The Non-Custodial Parent shall submit to ☐ random / ☐ scheduled drug and alcohol testing as follows: [________________________________]

10.2 Firearms Safety

All firearms shall be stored unloaded in a locked gun safe with ammunition stored separately, inaccessible to the child(ren).

10.3 Health Insurance

☐ Custodial Parent / ☐ Non-Custodial Parent shall maintain health, dental, and vision insurance for the child(ren).

Unreimbursed medical expenses shall be divided: ☐ Equally / ☐ Custodial Parent [____]% — Non-Custodial Parent [____]% / ☐ Other: [________________________________]

10.4 Child's Preference (Minn. Stat. § 518.17, subd. 1(a)(3))

☐ The child(ren) is/are of sufficient ability, age, and maturity to express an independent, reliable preference. The child(ren)'s preference has been considered.

☐ The child(ren) is/are not of sufficient ability, age, or maturity at this time.

10.5 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority or with the child(ren)'s primary residence.

10.6 Parental Alienation

Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent or undermine the parent-child relationship.

ARTICLE XI — BEST-INTEREST FACTORS (Minn. Stat. § 518.17, subd. 1(a))

The parties affirm that this sole custody arrangement serves the child(ren)'s best interests:

1. Physical, emotional, cultural, spiritual, and other needs: [________________________________]
2. Special medical, mental health, developmental, or educational needs: [________________________________]
3. Reasonable preference of the child: [________________________________]
4. Domestic abuse history: [________________________________]
5. Parental physical, mental, or chemical health issues: [________________________________]
6. History of parental caregiving: [________________________________]
7. Willingness and ability to provide ongoing care: [________________________________]
8. Effect of proposed changes on home, school, community: [________________________________]
9. Relationships with parents, siblings, significant persons: [________________________________]
10. Benefit of maximizing parenting time: [________________________________]
11. Disposition to support child's relationship with other parent: [________________________________]
12. Willingness and ability to cooperate: [________________________________]

EXECUTION

The undersigned parties stipulate and agree to the foregoing Sole Custody Agreement and respectfully request that the Court approve this Agreement and incorporate it into an Order of the Court.

Custodial Parent:

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________]

Non-Custodial Parent:

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________]

Attorney Approval (if represented)

Attorney for Custodial Parent:

Signature: _______________________________ Date: [__/__/____]

Name: [________________________________] License No.: [________________________________]

Attorney for Non-Custodial Parent:

Signature: _______________________________ Date: [__/__/____]

Name: [________________________________] License No.: [________________________________]

ORDER OF THE COURT

The Court, having reviewed the foregoing Sole Custody Agreement, and having considered the twelve (12) best-interest factors under Minn. Stat. § 518.17, subd. 1(a), the rebuttable presumption regarding joint legal custody under Minn. Stat. § 518.17, subd. 1(b)(9), the parenting time provisions of Minn. Stat. § 518.175, and all applicable provisions of Minnesota law:

FINDS that:

1. The presumption of joint legal custody under Minn. Stat. § 518.17, subd. 1(b)(9) is overcome based on the findings set forth in Article I;
2. Sole legal and physical custody to the Custodial Parent is in the best interests of the minor child(ren);
3. The parenting time schedule is ☐ consistent with / ☐ a justified departure from the presumption of Minn. Stat. § 518.175, subd. 1(g);
4. ☐ Domestic abuse considerations under Minn. Stat. § 518.17, subd. 1(b)(9) have been addressed / ☐ are not applicable;
5. This Agreement is the product of the parties' voluntary, knowing, and informed consent.

IT IS HEREBY ORDERED that the foregoing Sole Custody Agreement is approved and incorporated into this Order of the Court.

Date: [__/__/____]

_______________________________
Judge of District Court
[________________________________] County, Minnesota
[____] Judicial District

SOURCES AND REFERENCES

• Minn. Stat. § 518.17 — Best Interests of the Child (12 Factors)
• Minn. Stat. § 518.17, subd. 1(b)(9) — Presumptions Re: Joint Custody and Domestic Abuse
• Minn. Stat. § 518.175 — Parenting Time
• Minn. Stat. § 518.175, subd. 1(g) — 25% Minimum Parenting Time Presumption
• Minn. Stat. § 518.175, subd. 3 — Relocation / Removal to Another State
• Minn. Stat. § 518.175, subd. 5(c) — Restriction of Parenting Time
• Minn. Stat. § 518.157 — Parent Education Program
• Minn. Stat. § 518.165 — Guardians Ad Litem
• Minn. Stat. § 518.1751 — Parenting Time Expeditor
• Minn. Stat. § 518B.01 — Domestic Abuse Act
• Minn. Gen. R. Prac. 310 — Alternative Dispute Resolution (SENE)
• Minnesota Courts — Parent Education