Is Minnesota a 50/50 Custody State?

Short answer: No. Minnesota does not presume 50/50 custody. Judges decide custody and parenting time case by case, based on the child’s best interests. However, the law does presume that each parent should have at least 25 percent of the parenting time. And many Minnesota parents do share time equally, by agreement or court order.

By Matt Majeski, Minnesota divorce and family law attorney since 2008. Last reviewed October 2026.

“Is Minnesota a 50/50 state?” is one of the most common questions parents ask at the start of a divorce or custody case. The honest answer is that 50/50 custody in Minnesota is possible and common, but it isn’t automatic.

This page explains what Minnesota law actually says, what “50/50” means, and how it affects child support.

What “50/50 custody” means in Minnesota

People often use “50/50 custody” to mean an equal parenting time schedule. Minnesota law, however, splits custody into separate pieces:

• Legal custody is the right to make major decisions about the child, such as school, health care, and religion.
• Physical custody is about the child’s routine daily care and where the child lives.
• Parenting time is the actual schedule of when the child is with each parent.

So parents can have joint legal custody and joint physical custody without an exactly equal schedule. In fact, Minnesota law says that joint physical custody “does not require an absolutely equal division of time.” For a full explanation of these terms, see Child Custody in Minnesota.

Is there a 50/50 custody presumption in Minnesota?

No. Under Minnesota Statutes, section 518.17, there is no presumption for or against joint physical custody. Instead, the judge must look at 12 best-interest factors and explain how each one affects the decision.

Those factors include, for example:

• each parent’s history of caring for the child,
• the child’s needs, including any special medical or educational needs,
• the effect of changes to the child’s home, school, and community,
• whether there has been domestic abuse,
• each parent’s willingness to support the child’s relationship with the other parent, and
• the parents’ ability to cooperate and keep the child out of conflict.

The law also says judges must not favor either parent because of gender.

The rules that do exist

While there’s no 50/50 rule, Minnesota does have three presumptions that shape most cases:

1. At least 25 percent parenting time. Under Minnesota Statutes, section 518.175, there is a rebuttable presumption that a child should spend at least 25 percent of the parenting time with each parent.
2. Joint legal custody. If either parent asks for joint legal custody, the court presumes it is in the child’s best interests.
3. Domestic abuse. If domestic abuse has occurred between the parents, the court presumes that joint legal or joint physical custody is not in the child’s best interests.

“Rebuttable” means the other side can overcome the presumption with enough evidence.

What about the 50/50 bills?

Bills to create a joint physical custody or equal parenting time presumption have been introduced in Minnesota several times. The most recent, Senate File 4343, was introduced in March 2026 but did not become law. As of October 2026, there is still no 50/50 presumption.

How often do Minnesota parents share time equally?

Equal or nearly equal 50/50 custody schedules are common in Minnesota, especially when both parents live near the child’s school and have been actively involved in day-to-day care. Many parents reach these schedules by agreement, often through mediation or early neutral evaluation.

On the other hand, an equal schedule may not fit when:

• parents live far apart,
• one parent’s work schedule makes regular care difficult,
• a very young child needs a different routine, or
• there are safety concerns, such as domestic abuse or substance use.

Common equal schedules include alternating weeks and the 2-2-5-5 rotation. To learn more about schedules, see Parenting Time in Minnesota.

Does 50/50 custody in Minnesota mean no child support?

Not necessarily. Minnesota’s child support formula starts with both parents’ incomes and then adjusts for parenting time, based on how many overnights the child spends with each parent.

With a truly equal schedule and equal incomes, basic support may be zero. But if one parent earns much more, that parent may still pay support, even with 50/50 time. Childcare and medical costs are also divided separately.

To see how support is calculated, read How Much Is Child Support?.

Common questions about 50/50 custody in Minnesota

Can a child refuse a 50/50 schedule?

A child’s reasonable preference is one factor, if the child is mature enough. But it isn’t controlling at any age. See When Can a Child Decide Which Parent to Live With?

Can we agree to 50/50 without going to trial?

Yes. Most Minnesota custody cases settle. If you and the other parent agree on an equal schedule, the court will usually approve it as long as it serves your child’s best interests.

Can a 50/50 schedule be changed later?

Yes, but the rules depend on what you want to change. See Changing Custody or Parenting Time in Minnesota.

Does it matter if we were never married?

No. Unmarried parents are decided under the same best-interest factors. However, the first steps are different. See Unmarried Parents: Paternity and Custody in Minnesota.

Related pages

• Child Custody in Minnesota
• Parenting Time in Minnesota
• Parenting Time and the Holidays

Have another divorce or family law question? See our list of topics on the FAQ page.