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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. 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.
The court shall not consider conduct of a party that does not affect the party’s relationship with the child. The court shall not consider conduct of a party that does not affect the party’s relationship with the child.
In any custody or parenting time proceeding involving unmarried parents, the court shall evaluate all relevant factors in section 518.17, subdivision 1, to determine the best interests of the child, and the fact that the parents are not or were never married to each other shall not be determinative of custody and parenting time. In any custody or parenting time proceeding involving unmarried parents, the court shall evaluate all relevant factors in section 518.17, subdivision 1, to determine the best interests of the child, and the fact that the parents are not or were never married to each other shall not be determinative of custody and parenting time.
Domestic abuse and custody
Whether domestic abuse, as defined in section 518B.01, has occurred in the parents’ or either parent’s household or relationship, 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. Whether domestic abuse, as defined in section 518B.01, has occurred in the parents’ or either parent’s household or relationship, 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.
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. 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.
“Family or household members” for purposes of section 518B.01 includes spouses and former spouses; parents and children; persons related by blood; persons who are presently residing together or who have resided together in the past; persons who have a child in common regardless of whether they have been married or have lived together at any time; and persons involved in a significant romantic or sexual relationship. “Family or household members” for purposes of section 518B.01 includes spouses and former spouses; parents and children; persons related by blood; persons who are presently residing together or who have resided together in the past; persons who have a child in common regardless of whether they have been married or have lived together at any time; and persons involved in a significant romantic or sexual relationship.
Source: Minn. Stat. § 518.17 | Source: Minn. Stat. § 518B.01
Health issues that bear on 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. 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.
False reporting and the custody record
The court shall consider evidence of a violation of section 609.507 in determining the best interests of the child. The court shall consider evidence of a violation of section 609.507 in determining the best interests of the child.
When a conviction shifts the burden of proof under section 518.179
If the victim of the crime was a family or household member, the standard of proof under section 518.179 is clear and convincing evidence. If the victim of the crime was a family or household member, the standard of proof under section 518.179 is clear and convincing evidence.
A guardian ad litem must be appointed in any case where section 518.179 applies. A guardian ad litem must be appointed in any case where section 518.179 applies.
The court may not require a parenting plan that provides for joint legal custody or use of dispute resolution processes, other than the judicial process, if the court finds that section 518.179 applies. The court may not require a parenting plan that provides for joint legal custody or use of dispute resolution processes, other than the judicial process, if the court finds that section 518.179 applies.
Source: Minn. Stat. § 518.179
What happens at sentencing under section 631.52
Under section 631.52, the defendant has the burden of proving that continued custody or parenting time with the defendant is in the best interests of the child. Under section 631.52, the defendant has the burden of proving that continued custody or parenting time with the defendant is in the best interests of the child.
Under section 631.52, if the victim of the crime was a family or household member as defined in section 518B.01, subdivision 2, the standard of proof is clear and convincing evidence, and a guardian ad litem must be appointed. Under section 631.52, if the victim of the crime was a family or household member as defined in section 518B.01, subdivision 2, the standard of proof is clear and convincing evidence, and a guardian ad litem must be appointed.
Offenses covered:
Section 631.52 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 prostitution involving a minor; criminal sexual conduct in the first or second degree; criminal sexual conduct in the third degree under certain subdivisions; solicitation of a child to engage in sexual conduct; incest; malicious punishment of a child; neglect of a child; terroristic threats; felony harassment or stalking; and domestic assault by strangulation. Section 631.52 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 prostitution involving a minor; criminal sexual conduct in the first or second degree; criminal sexual conduct in the third degree under certain subdivisions; solicitation of a child to engage in sexual conduct; incest; malicious punishment of a child; neglect of a child; terroristic threats; felony harassment or stalking; and domestic assault by strangulation.
Modifying an existing custody order after a conviction
The one-year and two-year time limits on custody modification motions do not apply if the court has reason to believe that the child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development. The one-year and two-year time limits on custody modification motions do not apply if the court has reason to believe that the child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development.
Questions people ask about criminal convictions and child custody in Minnesota
Does a criminal conviction automatically take away custody in Minnesota?
No. If a person seeking child custody or parenting time has been convicted of a crime described in subdivision 2 of section 518.179, 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 a person seeking child custody or parenting time has been convicted of a crime described in subdivision 2 of section 518.179, 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.
What offenses trigger the burden-of-proof shift in a custody case?
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 prostitution involving a minor; criminal sexual conduct in the first or second degree; criminal sexual conduct in the third degree under certain subdivisions; 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. 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 prostitution involving a minor; criminal sexual conduct in the first or second degree; criminal sexual conduct in the third degree under certain subdivisions; 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.
When does the section 518.179 burden shift apply?
The burden-shift under section 518.179 applies 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. The burden-shift under section 518.179 applies 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.
Is the standard of proof higher when the victim was a family member?
Yes. If the victim of the crime was a family or household member, the standard of proof under section 518.179 is clear and convincing evidence. If the victim of the crime was a family or household member, the standard of proof under section 518.179 is clear and convincing evidence.
Will a guardian ad litem be appointed if section 518.179 applies?
A guardian ad litem must be appointed in any case where section 518.179 applies. A guardian ad litem must be appointed in any case where section 518.179 applies.
Can the sentencing court affect an existing custody arrangement?
Yes. If a person who has court-ordered custody of a child or parenting time rights is convicted of a crime listed in section 631.52, subdivision 2, and no action is pending regarding custody or parenting time, the sentencing court shall refer the matter to the appropriate family court, which shall grant temporary custody to the noncustodial parent unless it finds that another custody arrangement is in the best interests of the child, or suspend parenting time rights unless it finds that parenting time with the convicted person is in the best interests of the child. If a person who has court-ordered custody of a child or parenting time rights is convicted of a crime listed in section 631.52, subdivision 2, and no action is pending regarding custody or parenting time, the sentencing court shall refer the matter to the appropriate family court, which shall grant temporary custody to the noncustodial parent unless it finds that another custody arrangement is in the best interests of the child, or suspend parenting time rights unless it finds that parenting time with the convicted person is in the best interests of the child.
Can custody be modified because of a conviction even if there is already an order in place?
The court shall not modify a prior custody order unless it finds, upon the basis of facts that have arisen since the prior order or that were unknown to the court at the time of the prior order, that a change has occurred in the circumstances of the child or the parties and that the modification is necessary to serve the best interests of the child. The court shall not modify a prior custody order unless it finds, upon the basis of facts that have arisen since the prior order or that were unknown to the court at the time of the prior order, that a change has occurred in the circumstances of the child or the parties and that the modification is necessary to serve the best interests of the child. An existing custody order may also be modified under section 631.52. An existing custody order may also be modified under section 631.52.
What if the conviction happened before July 1, 1990?
If a person who had custody or parenting time was convicted of a listed crime before July 1, 1990, an interested party may petition for relief under section 631.52 if the defendant is currently incarcerated, on probation, or under supervised release, or if the victim was a family or household member. If a person who had custody or parenting time was convicted of a listed crime before July 1, 1990, an interested party may petition for relief under section 631.52 if the defendant is currently incarcerated, on probation, or under supervised release, or if the victim was a family or household member.
Talk with Martine Law about child custody in Minnesota
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