Minnesota Custody Forms: How to File for Custody

You need a custody order, and the Minnesota Judicial Branch website has dozens of downloadable forms. The problem is knowing which ones apply to your situation, in what order to file them, and what happens if you pick wrong.

Here is the complete filing roadmap, sorted by case type.

Which Forms You Need

Minnesota uses different form packets depending on whether you are divorcing or were never married:

If you are divorcing with children: Use the Dissolution with Children packet. The key forms are:

• DIV802 — Petition for Dissolution of Marriage with Children
• DIV803 — Combined Summons
• DIV1702 — Joint Petition (only if both spouses agree on all terms including custody, parenting time, support, and property)

If you are unmarried and need to establish custody: Use the Child Custody and Parenting Time packet. The primary form is:

• CHC107 — Petition to Establish Custody and Parenting Time

Both packets are available as "Smart Forms" on the Minnesota Judicial Branch website. Smart Forms are interactive PDFs that auto-fill court header information and county-specific details.

Filing Fees

The statewide base filing fee for a dissolution or custody petition is $340, plus a $50 statutory surcharge, for a total of $390. Individual counties add law library fees on top — Hennepin County charges an additional $12, making the total $402.

Under a joint petition (DIV1702), both parents split one filing fee. In a contested action, the respondent pays a separate fee to file their answer.

If you cannot afford the fee, you can apply for a fee waiver using Form FEE102. You qualify if you receive public assistance (MFIP, GA, SSI, or Medicaid) or if your household income falls below 125% of the Federal Poverty Guidelines.

Where and How to File

File your petition with the District Court Administrator in the county where either parent lives. If you and the other parent live in different counties, both are technically valid — the first properly filed and served petition establishes venue.

For married parents: at least one spouse must have lived in Minnesota for 180 consecutive days before filing.

For unmarried parents: Minnesota must have jurisdiction over the child, which typically means the child has lived in the state for at least six consecutive months.

Serving the Other Parent

After filing, you must formally serve the other parent with the petition and summons. A neutral third party — not you — must deliver the papers in person. You can use a process server, a sheriff's deputy, or any adult who is not a party to the case.

The other parent then has exactly 30 days to file an answer. If they do not respond within 30 days, you can request a default order.

Exception: If you are filing a joint petition (DIV1702), service is not required because both parents sign the petition together.

What Happens After Filing

Within three to four weeks of filing, the court schedules an Initial Case Management Conference (ICMC). Both parents must attend this informal, off-the-record meeting where a judicial officer reviews the case and may refer you to mediation or Early Neutral Evaluation.

Before the ICMC, both parents must also enroll in a court-approved 8-hour parenting education course. Enrollment must happen within 30 days of the first filing.

Common Filing Mistakes

Wrong county. If you file in a county where neither parent lives, the case gets dismissed and you lose the filing fee.

Self-service. You cannot hand the papers to the other parent yourself. The court will not accept proof of service from a party to the case.

Missing financial disclosure. The court requires a Financial Affidavit (Form FAM102) or Parenting/Financial Disclosure (Form FAM108) before mediation. Failing to provide this can delay your case by weeks.

Vague parenting plan. Minnesota judges strongly prefer detailed schedules with specific days, times, and exchange locations over vague language like "reasonable parenting time." Come to your ICMC with a concrete proposal.

Get Organized Before You File

The forms themselves are free, but they do not tell you what to write in them. The Minnesota Child Custody and Parenting Plan Guide walks you through every decision the forms ask you to make — custody designations, parenting time schedules, child support inputs, and dispute resolution methods — so you file with a plan instead of a guess.

See more Minnesota guides →