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If this section 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. Under Minn. Stat. § 518.179, subd. 1, if a person seeking child custody or parenting time has been convicted of a crime described in subdivision 2, the person has the burden to prove that custody or parenting time 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.
Source: Minn. Stat. § 518.179, subd. 1
Which convictions does this law cover
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 or 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 under section 609.749, subdivision 4; and domestic assault by strangulation under section 609.2247.
Source: Minn. Stat. § 518.179, subd. 2
How the court weighs best interests
In evaluating best interests, 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 nature and context of the domestic abuse and its implications for parenting and for the child’s safety, well-being, and developmental needs.
The court must also consider any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs.
Source: Minn. Stat. § 518.17, subd. 1
Joint custody and 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.
Source: Minn. Stat. § 518.17, subd. 1(b)(9)
When the court may 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.
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.
Source: Minn. Stat. § 518.175
How an order for protection affects parenting time
If a parent requests supervised parenting time and an order for protection under chapter 518B 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.
Under an order for protection, 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.
Source: Minn. Stat. § 518B.01, subd. 6
Questions people ask about criminal convictions and Minnesota custody
Does my conduct outside of parenting affect the custody decision?
The court shall not consider conduct of a party that does not affect the party’s relationship with the child.
What is the standard of proof when the victim was a family or household member?
If the victim of the crime was a family or household member, the standard of proof is clear and convincing evidence, and a guardian ad litem must be appointed in any case where this section applies.
How much parenting time does each parent receive by default?
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.
What is a DANCO and how does it affect parenting arrangements?
A domestic abuse no contact order (DANCO) may be issued as a pretrial order before final disposition of the underlying criminal case or as a postconviction probationary order, and is independent of any condition of pretrial release or probation imposed on the defendant.
Can a temporary order take away my parenting time?
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.
What happens if evidence of a false report is introduced at the custody hearing?
The court shall consider evidence of a violation of section 609.507 in determining the best interests of the child.
Talk with Martine Law about Minnesota custody
Acting early gives counsel time to build a record before a hearing. Martine Law handles custody 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.
