Legal Question in Family Law in Minnesota

Re: Divorce and Custody Options

The court will take a variety of factors into consideration in deciding custody, such as who has been the primary caretaker, how close the child is to half-siblings and step-siblings, whether there has been domestic abuse, and about a dozen others. Cultural background is something the court can consider, as is mental health, although mental illness can't be used as a basis for denying custody unless you can prove it has some specific effect on the child's well-being. The court will weigh all the factors to decide what kind of custody arrangement is in the child's best interests. Courts do not consider ability to provide material comfort or health insurance a factor that is relevant to custody, because the court can--and normally will--equalize the parties' financial positions by ordering the noncustodial parent to pay child support and maintain dependent health insurance.

Developing a parenting plan through mediation can be a good alternative to custody litigation, in some cases.

You are right--this is something you are going to need to discuss with an attorney, at some point.