Can the father have custody of a toddler in Minnesota? 1 Answers as of November 01, 2010

My wife and I are getting a divorce and we have a 3-year old boy. I can prove that my wife is an unfit mother because of her drinking problem. However, because our son is so young, I am not sure that Minnesota will allow me to have sole custody, and my wife is planning on raising the boy with her mother. Will I have a chance at sole custody?

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Beaulier Law Office | Maury Beaulier
Custody is determined in Minnesota based on what a court believes is in a child's best interests. There is nothing that legally favors the father or the mother at any age. However, where the child is an infant, the court does consider things such as whether the mother is breast feeding which can favor the mother because of the physical bond that is part of that process.

With a three year old, there is nothing that precludes a father from being awarded custody. However, like any custody case, the case must be framed around the legal standard and the 13 factors that a court considers as set forth in Minnesota Statutes.

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Answer Applies to: Minnesota
Replied: 11/1/2010
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