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How domestic violence impacts child custody decisions

In Minnesota, courts base child custody decisions on the best interests of the child. If one parent has a domestic violence conviction, that conviction can strongly influence the outcome of custody and parenting time arrangements.

At Martine Law, we help parents navigate custody disputes when domestic violence allegations or convictions are involved.

Minnesota law on domestic violence and custody

Under Minnesota Statutes § 518.17, the court must consider whether domestic abuse has occurred between the parents or against the child. The law requires judges to:

  • Prioritize the safety and well-being of the child and the abused parent
  • Limit or restrict parenting time if it endangers the child’s emotional or physical health
  • Consider supervised visitation in certain cases

How a conviction influences custody

A domestic violence conviction may lead to:

  • Loss of joint custody rights
  • Restricted parenting time, often with supervision
  • Mandatory completion of anger management or parenting classes before visitation is expanded
  • Difficulty obtaining modifications to increase time with the child in the future

When supervised visitation may be required

Courts may order supervised visitation if they believe:

  • The child’s safety could be at risk
  • The abusive parent needs monitoring during interactions
  • There’s a need to rebuild trust gradually

Supervision can be provided by a neutral third party or a professional visitation center.

Factors the court considers

When deciding custody and parenting time in cases involving domestic violence, Minnesota courts look at:

  • The severity and frequency of the violence
  • Whether the child witnessed the abuse
  • The abusive parent’s history of complying with court orders
  • Evidence of rehabilitation or counseling
  • Any ongoing risk to the child or other parent

How a Minnesota custody lawyer can help

If you have a domestic violence conviction and are seeking custody or parenting time, a Minnesota child custody lawyer can:

  • Present evidence of rehabilitation and positive parenting changes
  • Negotiate parenting time agreements that protect your rights while ensuring safety
  • Challenge exaggerated or false allegations where possible

Key takeaways

  • Yes, a domestic violence conviction can significantly affect child custody in Minnesota.
  • Courts prioritize child safety and may limit or supervise parenting time.
  • Rehabilitation efforts and legal representation can improve your chances of maintaining a relationship with your child.

Facing custody issues after a domestic violence charge?
We help Minnesota parents protect their rights while putting their child’s best interests first.

Contact Martine Law for a confidential consultation.

Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.

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