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Child Custody Settlement Checklist

Use this checklist to guide you through a child custody settlement. Remember that this settlement checklist is intended to cover the topics most likely to be at issue for your client, but may not cover every situation.

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  1. Minor child(ren)

    2. 1. Minor child(ren)

    Collect the below information about each minor child of the parties.

    Name(s)

    Date(s) of birth

    Place of Residence

  2. Adult dependent child(ren)

    3. 2. Adult dependent child(ren)

    If either party has an adult dependent child, complete this section

    Name(s)

    Date(s) of birth

    Place of residence

  3. Proper jurisdiction

    4. 3. Proper jurisdiction

    Verify that Minnesota is the proper jurisdiction to determine the care, custody, and control of the child(ren)

  4. Minor children under other jurisdictions

    5. 4. Minor children under other jurisdictions

    Determine if any of the minor children are under other jurisdictions

    Minnesota juvenile court

    Yes No

    Out-of-state juvenile court

    Yes No

    CHIPS

    Yes No

  5. Child support order

    6. 5. Child support order

    If an order for child support exists, note the file number

  6. Pregnancy of a party

    7. 6. Pregnancy of a party

    If a party is pregnant, complete this section

    Determine if father is biological father

    Yes No

    Determine if biological father is willing to sign a Recognition of Parentage or Non-Paternity Statement

    Yes No

  7. Past domestic abuse

    8. 7. Past domestic abuse

    If there has been past domestic abuse, gather the following information

    All current or past Order(s) for Protection

    All current or past Harassment Restraining Order(s)

    All police response(s) to a dispute between the parties

    All criminal charges filed

    Status of any filed charges

  8. Method of communication

    9. 8. Method of communication

    Determine how the parties will communicate about the child(ren)

    Need for third-party for communication

    Need for notebook to facilitate communication

  9. Legal Custody

    10. 9. Legal Custody

    Determine legal custody arrangement

    Joint custody to both parties

    Yes No

    Sole custody to one party

    Yes No

  10. Physical custody

    11. 10. Physical custody

    Determine physical custody arrangement

    Joint custody to both parties

    Yes No

    Sole custody to one party

    Yes No

    Parenting plan with no physical custody label and no primary residence designation

    Yes No

    Parenting plan with primary residence designation to one party

    Yes No

    Parenting plan with alternating primary residence designation

    Yes No

  11. Parenting time – supervision desired

    12. 11. Parenting time – supervision desired

    Complete this section if supervision is desired

    Basis for requesting supervised parenting time

    Designation of supervisor

  12. Parenting time – regular schedule

    13. 12. Parenting time – regular schedule

    Determine the regular parenting time schedule 

    Weekdays

    Weekends

  13. Parenting time – holiday schedule

    14. 13. Parenting time – holiday schedule

    Determine the holiday parenting time schedule

    Designation of holidays

    Necessity of detailed holiday schedule

    Necessity of defining when holidays begin and end

  14. Parenting time – other scheduling issues

    15. 14. Parenting time – other scheduling issues

    Determine other parenting time scheduling issues

    School release days

    Summer

    Birthdays

    Vacation

    Right of first refusal for child care

  15. Parenting time – possible conditions

    16. 15. Parenting time – possible conditions

    Determine whether the below parenting time conditions are appropriate

    Alcohol and drug free 24 hours prior to start of parenting time

    Yes No

    Complete mental health evaluation and party must follow all recommendations

    Yes No

    Complete chemical dependency evaluation and party must follow all recommendations

    Yes No

    Restrictions on contact between child(ren) and specified individual(s)

    Yes No

  16. Parenting time – exchanges

    17. 16. Parenting time – exchanges

    Determine how parenting time exchanges will be made

    Supervised or unsupervised

    Location

  17. Parenting time – telephone contact

    18. 17. Parenting time – telephone contact

    Determine conditions on telephone contact during parenting time

    Unlimited or limited

    Designate who will initiate calls

    Designate time(s) for calls, if necessary

  18. Parenting time – miscellaneous

    19. 18. Parenting time – miscellaneous

    Determine other parenting time issues

    Transportation

    Mediation requirements

    Best interests standard for future modifications

  19. Child support – parties’ gross incomes

    20. 19. Child support – parties’ gross incomes

    Determine the parties' gross incomes for purposes of child support

    Gross income from all sources

    Determine whether income should be imputed to either party

  20. Child support – spousal maintenance

    21. 20. Child support – spousal maintenance

    Determine spousal maintenance obligations for purposes of calculating child support

    Spousal maintenance paid to the other party

    Spousal maintenance paid or received to/from former spouse(s)

  21. Child support – child(ren)’s public assistance

    22. 21. Child support – child(ren)’s public assistance

    Determine public assistance received by any children for purposes of calculating child support

    Social Security

    Veteran’s benefits

  22. Child support – non-joint minor child(ren)

    23. 22. Child support – non-joint minor child(ren)

    Determine how any non-joint children will impact child support calculations

    Residence of non-joint child(ren)

    Child support paid or received on behalf of non-joint child(ren)

  23. Child support – medical and dental coverage

    24. 23. Child support – medical and dental coverage

    Determine medical and dental coverage costs for purposes of calculating child support 

    If coverage is available through a party’s employer, amount of monthly premiums

    Child(ren)’s eligibility for medical/dental insurance through the county

    If medical support is paid, determine if paid to other party or to county

  24. Child support – child care

    25. 24. Child support – child care

    Determine child care costs for purposes of calculating child support

    Total monthly child care costs (school year and summer)

    Which party incurs the costs

  25. Child support – Minnesota Child Support Calculator guideline

    26. 25. Child support – Minnesota Child Support Calculator guideline

    Click the below link to use the Minnesota Child Support Calculator to calculate child support guidelines

    http://childsupportcalculator.dhs.state.mn.us/

    Unreimbursed/uncovered medical and dental expenses

    Use the percentage share of Combined Parental Income for Determining Child Support (PICS) (line 4 from Child Support Guidelines Worksheet) to determine unreimbursed/uncovered medical and dental expenses

  26. Child support – other considerations

    27. 26. Child support – other considerations

    Determine whether other child support provisions are necessary

    Special needs expenses

    Extracurricular expenses

    Basis for upward/downward deviation

    Automatic withholding

  27. Child support – parties’ public assistance

    28. 27. Child support – parties’ public assistance

    Determine how the parties' public assistance benefits might impact child support.  Click the link below to access the Child Support and Public Assistance section of the Child Support Basics booklet.

    https://www.lawhelpmn.org/resource/child-support-basics

    Medical Assistance

    MFIP

    Food Support

    MinnesotaCare

    General Assistance

    SSI

    Child Care Assistance

  28. Income tax dependency exemption

    29. 28. Income tax dependency exemption

    Determine how child(ren) will be claimed on parties' taxes

    One party claims all children every year

    Yes No

    Parties alternate years

    Yes No

    Parties alternate years with a buy-out option

    Yes No

    Parties split which children to claim

    Yes No

    Party claiming child must be current on child support to claim child during that year

    Yes No

  29. Custody arrangement is in best interest of child(ren)

    30. 29. Custody arrangement is in best interest of child(ren)

    Verify that the custody arrangement is in the best interest of the child(ren) and include a statement to this effect.