Legal Memorandum: Definition of "Child" in MN

Issue: Under Minnesota law, is the definition of ‘child’ under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) the same as the definition of ‘child’ under laws governing custody in a marriage dissolution?

Chapter 518, which governs custody, does not define child, but the definitions in ch. 518A specifically apply to ch. 518 as well.   See Minn. Stat. § 518A.26, subds. 1, 5 (stating that “[f]or the purposes of . . . chapter 518, . . . ‘[c]hild’ means an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support”).  See also State ex rel. Jarvela v. Burke, 678 N.W.2d 68, 72 (Minn. Ct. App. 2004) (citing former statute):

Appellant asserts that Burke lacked standing to bring a motion for modification because her rights of legal and physical custody over D.B. automatically terminated on his 18th birthday. He cites no case law to support his assertion, and the argument conflicts with the governing statute. By law, “child” specifically includes in its statutory definition individuals “who, by reason of physical or mental condition, [are] incapable of self-support.” Since it is undisputed that D.B. is incapable of self-support, he remains a child under statute, and respondent retains ongoing legal custody over him. Respondent had standing to bring the present modification motion.

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