Third-Party Custody in Minnesota

Short answer: Third-party custody in Minnesota lets someone other than a parent ask a court for custody of a child. That person could be a grandparent, aunt, uncle, or family friend. It is governed by Minnesota Statutes, chapter 257C. Because parents have strong rights, the bar is high. You generally must qualify as a “de facto custodian” or an “interested third party.” In most cases, you also must prove key facts by clear and convincing evidence.

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

Sometimes a child is being raised by someone other than a parent. A grandparent may have stepped in after a parent’s addiction, incarceration, or illness. Or relatives may have cared for a child for years while a parent was absent. In these situations, the caregiver often needs legal authority to enroll the child in school, consent to medical care, and give the child stability.

This page explains how third-party custody in Minnesota works and how it differs from grandparent visitation.

Third-party custody in Minnesota vs. grandparent visitation

These are two different things:

• Third-party custody gives a non-parent legal and physical custody of the child. The child lives with the non-parent, who makes major decisions.
• Grandparent visitation gives a grandparent time with the child, while the parents keep custody. See Grandparent Rights in Minnesota.

Two ways to qualify for third-party custody in Minnesota

Under Minnesota Statutes, section 257C.03, a non-parent can ask for custody in one of two ways.

1. De facto custodian

A “de facto custodian” is someone who has been a child’s primary caretaker. The child must have lived with them without a parent present, and a parent must have lacked consistent participation. Within the 24 months before filing, the child must have lived with the caregiver for:

• six months or more if the child is under 3, or
• one year or more if the child is 3 or older.

The time doesn’t have to be consecutive. However, time after a court case is filed doesn’t count. The definitions are in Minnesota Statutes, section 257C.01.

“Lack of consistent participation” means a parent refused or neglected their basic duties. Those include food, shelter, health care, education, and a nurturing relationship.

To win, a de facto custodian must prove they meet this definition by clear and convincing evidence. Then they must show that custody with them is in the child’s best interests.

2. Interested third party

Someone who isn’t a de facto custodian may still qualify as an “interested third party.” This path is harder. The person must show by clear and convincing evidence that one of these is true:

• the parent has abandoned, neglected, or shown disregard for the child’s well-being, to the point that the child would be harmed by living with the parent,
• the child must be placed with the third party because of physical or emotional danger to the child, or
• other extraordinary circumstances exist.

The person must also prove that custody with them is in the child’s best interests.

What Minnesota courts consider in third-party custody cases

In deciding these cases, the court looks at factors such as:

• the parent’s intent in leaving the child with the caregiver,
• how involved the parent was during their absence,
• the facts and circumstances of the parent’s absence,
• whether the parent ignored conditions in earlier court orders,
• whether domestic violence prevented the parent from seeking custody earlier, and
• whether the child’s siblings already live with the caregiver.

The court also applies the child’s best-interest factors.

When the parents agree: custody consent decrees

Not every case is a fight. If a parent agrees, Minnesota law allows a custody consent decree under Minnesota Statutes, section 257C.07. The parent can transfer legal and physical custody to a third party, either temporarily or permanently, with court approval.

The decree must state that the third party can decide the child’s residence, education, religious training, and health care. It must also include a child support order. The court approves it only if the arrangement is in the child’s best interests and everyone agrees after being fully informed.

If both parents agree, the court can approve a third-party custody order without a hearing in many cases.

Starting a third-party custody case in Minnesota

A third-party custody case begins with a verified petition. It is filed in the county where the child lives or where an earlier custody order was entered. The petition must be personally served. Among other things, it must describe:

• the petitioner’s relationship to the child,
• how long the child has lived with the petitioner,
• the child’s current custody status and any earlier orders, and
• why custody with the petitioner is in the child’s best interests.

Parents and certain other people must receive written notice of the hearing. If public assistance or county child support services are involved, the county must also be notified.

Common questions about third-party custody in Minnesota

Can a grandparent get custody in Minnesota?

Yes, if the grandparent qualifies as a de facto custodian or an interested third party, or if the parents agree to a consent decree. Being a grandparent alone isn’t enough.

Does the parent still have to pay child support?

Usually, yes. Parents remain responsible for supporting their child, and a third-party custody order typically includes child support.

Can the parent get custody back later?

Possibly. A parent can ask the court to change custody later, under the rules for modifying custody. See Changing Custody or Parenting Time in Minnesota.

Is this the same as a child protection case?

No. Third-party custody is a private family court case. Child protection cases are brought by the county in juvenile court and follow different rules.

Related pages

• Grandparent Rights in Minnesota
• Child Custody in Minnesota
• Unmarried Parents: Paternity and Custody in Minnesota

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