Minnesota Statutes

Minn. Stat. § 518D.201 (2026)

Initial Child Custody Jurisdiction

✓ current as of May 2026

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(a) Except as otherwise provided in section 518D.204, a court of this state has jurisdiction to make an initial child custody determination only if:

(1) this state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(2) a court of another state does not have jurisdiction under clause (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 518D.207 or 518D.208, and:

(i) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

(ii) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;

(3) all courts having jurisdiction under clause (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 518D.207 or 518D.208; or

(4) no court of any other state would have jurisdiction under the criteria specified in clause (1), (2), or (3).

(b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

(d) The presence of a child in this state for the purpose of obtaining gender-affirming health care as defined in section 543.23, paragraph (b), is sufficient to meet the requirements of paragraph (a), clause (2), item (i).

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 2004–2024 · leading case: In Re Welfare of Child. of D.M.T.-r., 802 N.W.2d 759 (Minn. Ct. App. 2011).

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In Re Welfare of Child. of D.M.T.-r., 802 N.W.2d 759 (Minn. Ct. App. 2011). · cites it 2× “” Minn.Stat. § 518D.201(a)(l). And the district court that makes an initial child-custody determination has continuing, exclusive subject-matter jurisdiction over the child-custody proceedings.”

Gerber v. Eastman, 673 N.W.2d 854 (Minn. Ct. App. 2004). · cites it 4× “At that time, Minnesota had jurisdiction to make an initial child custody determination under Minn.Stat. § 518D.201, and appellant did not dispute the state district court’s jurisdiction.”

Marriage of Reed v. Albaaj, 723 N.W.2d 50 (Minn. Ct. App. 2006). “§ 518D.201(a)(l). “Home state” means the “state in which a child lived with a parent .”

In the Matter of the Welfare of the Child of: B. D. D. & D. A. A., Parents (Minn. Ct. App. 2024). · cites it 17× “204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section 518D.201, paragraph (a), clause (1) or (2), and: (1) the court of the other state…”

Melissa Dawn Paisley v. Clark Davis Kratzer (Minn. Ct. App. 2016). · cites it 7× “With an exception not applicable here, a Minnesota district court may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section 518D.201, paragraph (a), clause (1) or…”

In re the Matter of: Muhammad Rahshawn Bush v. Kelsey Anne Link (Minn. Ct. App. 2024). · cites it 4× “Minn. Stat. § 518D.201(a). If a district court has jurisdiction, it must, before conducting a hearing, “examine the court documents and other information supplied by the parties pursuant to section 518D.”

Darcie Gilliard & on behalf of minor Child. v. Jacob Alton Leatherman (Minn. Ct. App. 2016). · cites it 2× “With an exception not applicable here, a Minnesota district court may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section 518D.201, paragraph (a), clause (1) or…”

In re the Marriage of: Anne Elizabeth Castle-Heaney v. Bruce Edward Heaney (Minn. Ct. App. 2014). · cites it 2× “102(c) (2012) (defining “child” under the Minnesota Uniform Child Custody Jurisdiction and Enforcement Act as “an individual who has not attained 18 6 years of age”); Minn. Stat § 518D.201(a), (b) (2012) (providing the “exclusive jurisdictional basis for making a child custody…”

In re the Matter of: Sheikh Bilaal Muhammad Arafat v. Fadumo Noor (Minn. Ct. App. 2015). · cites it 2× “Following the conference, the district court questioned its jurisdiction and gave the parties 30 days to submit affidavits establishing the prerequisites for it to exercise jurisdiction under Minnesota Statutes section 518D.201 (2014). Arafat submitted a statement asserting that…”

— Minn. Stat. § 518D.201(a) — 4 cases

Gerber v. Eastman, 673 N.W.2d 854 (Minn. Ct. App. 2004). “At that time, Minnesota had jurisdiction to make an initial child custody determination under Minn.Stat. § 518D.201, and appellant did not dispute the state district court’s jurisdiction.”

In the Matter of the Welfare of the Child of: B. D. D. & D. A. A., Parents (Minn. Ct. App. 2024). “204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section 518D.201, paragraph (a), clause (1) or (2), and: (1) the court of the other state…”

In re the Matter of: Muhammad Rahshawn Bush v. Kelsey Anne Link (Minn. Ct. App. 2024). “Minn. Stat. § 518D.201(a). If a district court has jurisdiction, it must, before conducting a hearing, “examine the court documents and other information supplied by the parties pursuant to section 518D.”

In re the Marriage of: Anne Elizabeth Castle-Heaney v. Bruce Edward Heaney (Minn. Ct. App. 2014). “102(c) (2012) (defining “child” under the Minnesota Uniform Child Custody Jurisdiction and Enforcement Act as “an individual who has not attained 18 6 years of age”); Minn. Stat § 518D.201(a), (b) (2012) (providing the “exclusive jurisdictional basis for making a child custody…”

— Minn. Stat. § 518D.201(a)(1) — 3 cases

Melissa Dawn Paisley v. Clark Davis Kratzer (Minn. Ct. App. 2016). “With an exception not applicable here, a Minnesota district court may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section 518D.201, paragraph (a), clause (1) or…”

— Minn. Stat. § 518D.201(a)(2) — 1 case

— Minn. Stat. § 518D.201(a)(2)(i) — 1 case

— Minn. Stat. § 518D.201(a)(2)(ii) — 1 case

— Minn. Stat. § 518D.201(a)(l) — 2 cases

In Re Welfare of Child. of D.M.T.-r., 802 N.W.2d 759 (Minn. Ct. App. 2011). “” Minn.Stat. § 518D.201(a)(l). And the district court that makes an initial child-custody determination has continuing, exclusive subject-matter jurisdiction over the child-custody proceedings.”

Marriage of Reed v. Albaaj, 723 N.W.2d 50 (Minn. Ct. App. 2006). “§ 518D.201(a)(l). “Home state” means the “state in which a child lived with a parent .”

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