Reviewed by the Marketing Team Last updated
In evaluating the best interests of the child for purposes of determining issues of custody and parenting time, the court must consider and evaluate all relevant factors.
Factors the court weighs
Whether domestic abuse, as defined in section 518B.01, has occurred in the parents’ or either parent’s household or relationship, and the nature and context of the domestic abuse, and the implications of the domestic abuse for parenting and for the child’s safety, well-being, and developmental needs, is a factor the court must consider.
How domestic abuse affects custody
If the court finds that the safety of the victim or the children will be jeopardized by unsupervised or unrestricted parenting time, the court shall condition or restrict parenting time as to time, place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety of the victim and the children.
How parenting time is set
If a parent requests supervised parenting time and an order for protection under chapter 518B or a similar law of another state is in effect against the other parent to protect the parent with whom the child resides or the child, the judge or judicial officer must consider the order for protection in making a decision regarding parenting time.
Temporary custody orders during the case
In a proceeding brought for custody, dissolution, or legal separation, either party may request a temporary order for temporary custody and parenting time regarding the minor children of the parties.
No temporary order shall deny parenting time to a parent unless the court finds that the parenting time is likely to cause physical or emotional harm to the child.
Custody when parents were never married
In any custody or parenting time proceeding involving unmarried parents, the court shall consider section 518.175 and evaluate all relevant factors in section 518.17, subdivision 1, to determine the best interests of the child.
How a criminal conviction affects a custody case
Notwithstanding any contrary provision in section 518.17 or 518.175, if a person seeking child custody or parenting time has been convicted of a crime described in subdivision 2, the person seeking custody or parenting time has the burden to prove that custody or parenting time by that person is in the best interests of the child if the conviction occurred within the preceding five years, the person is currently incarcerated, on probation, or under supervised release for the offense, or the victim of the crime was a family or household member as defined in section 518B.01, subdivision 2.
If the section 518.179 burden-shifting applies, the court may not grant custody or parenting time to the person unless it finds that the custody or parenting time is in the best interests of the child.
If the victim of the crime was a family or household member, the standard of proof is clear and convincing evidence.
A guardian ad litem must be appointed in any case where section 518.179 applies.
Section 518.179 applies to convictions for murder in the first, second, or third degree; manslaughter in the first degree; assault in the first, second, or third degree; kidnapping; depriving another of custodial or parental rights; soliciting, inducing, promoting, or receiving profit derived from prostitution involving a minor; criminal sexual conduct in the first degree; criminal sexual conduct in the second degree; criminal sexual conduct in the third degree under section 609.344, subdivision 1, clause (a) or (c), or subdivision 1a, clause (f) or (g); solicitation of a child to engage in sexual conduct; incest; malicious punishment of a child; neglect of a child; terroristic threats; felony harassment; and domestic assault by strangulation.
Questions people ask about Minnesota child custody
Can a parent lose parenting time because of domestic abuse?
The court shall use a rebuttable presumption that joint legal custody or joint physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents.
If the court finds, after a hearing, that parenting time with a parent is likely to endanger the child’s physical, mental, or emotional health or safety or impair the child’s emotional development, the court shall restrict parenting time with that parent as to time, place, duration, or supervision and may deny parenting time entirely, as the circumstances warrant.
What is the minimum parenting time in Minnesota?
In the absence of other evidence, there is a rebuttable presumption that a child must receive a minimum of at least 25 percent of the parenting time with each parent.
Can a judge restrict parenting time?
Except as provided in section 631.52, the court may not restrict parenting time unless it finds that parenting time is likely to endanger the child’s physical or emotional health or impair the child’s emotional development, or the parent has chronically and unreasonably failed to comply with court-ordered parenting time.
Does an order for protection change custody?
An order for protection under section 518B.01 may award temporary custody or establish temporary parenting time with regard to minor children of the parties on a basis which gives primary consideration to the safety of the victim and the children.
Can a parent’s mental health or substance use affect custody?
Any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs is a factor the court must consider in evaluating the best interests of the child.
What conduct does a court not consider in custody cases?
The court shall not consider conduct of a party that does not affect the party’s relationship with the child.
Talk with Martine Law about your custody situation
Custody cases move on court schedules, and early preparation matters. Martine Law handles custody and parenting-time matters across Minnesota. Call for a confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.
Prepared by the Martine Law editorial team; sources reviewed October 19, 2026.
For an overview of the law and how we help, see our Minnesota child custody and parenting time page.
