Introduction
When parents in Minnesota go through a custody dispute, the court’s top priority is the best interests of the child. But what happens when domestic abuse is involved? Does a history of domestic violence automatically prevent a parent from gaining custody or parenting time?
The answer is nuanced. Domestic abuse does not automatically terminate parental rights, but it can play a major role in the court’s decision about legal and physical custody, parenting time, and supervised visitation.
This blog explains how Minnesota courts evaluate domestic abuse in custody cases, what legal standards apply, and what you can do to protect your rights and your children.
What Is Considered Domestic Abuse in Minnesota?
Under Minnesota Statutes § 518B.01, domestic abuse includes acts of physical harm, threats, or fear of harm between family or household members. This can include:
- Physical violence or assault
- Threats of violence
- Harassment or stalking
- Interference with personal liberty
- Criminal sexual conduct
The alleged abuse must typically involve a spouse, former spouse, co-parent, or someone with whom the person lives or has lived. A police report, order for protection (OFP), or criminal conviction may be evidence of abuse, but courts will also consider documented patterns of emotional abuse or coercive control.
Does Domestic Abuse Automatically Impact Custody?
Not automatically — but it has a significant influence. Minnesota law requires judges to consider a history of domestic violence when determining custody. Specifically, Minnesota Statute § 518.17, Subdivision 1 outlines the 12 best interest factors that guide custody decisions, including:
- The history and nature of domestic abuse between parents
- The physical, emotional, cultural, and spiritual needs of the child
- The child’s safety and developmental needs
- The willingness and ability of each parent to provide ongoing care
If domestic abuse has occurred, especially in front of the child or directed at the child, the abusive parent may face restricted custody or parenting time.
Presumption Against Joint Custody in Domestic Abuse Cases
Minnesota law includes a specific provision:
If a court finds that domestic abuse has occurred, it must not presume that joint legal or joint physical custody is in the child’s best interests.
This means:
- Joint custody is not favored in cases involving abuse
- The court must provide detailed findings if it awards joint custody despite abuse
- The burden shifts to the abusive parent to prove that custody or parenting time would not harm the child
In practice, a history of domestic abuse can severely limit a parent’s ability to gain joint custody.
How Courts Investigate Abuse Allegations
The court will evaluate domestic abuse claims through:
- Police reports and criminal records
- Orders for protection (OFPs)
- Medical records
- Testimony from the victim, children, or other witnesses
- Custody evaluations or guardian ad litem reports
It’s important to understand: False allegations of abuse can harm custody decisions as much as real abuse. Courts look closely at credibility, evidence, and motivation before making a ruling.
Parenting Time and Supervised Visitation
Even if a parent is not granted custody, they may still be awarded parenting time unless the court believes the child’s health or safety is at risk. However, in abuse cases, parenting time is often:
- Supervised by a third party or professional agency
- Limited in frequency or duration
- Conditioned on counseling or anger management
In severe cases involving sexual abuse or repeated violence, the court can deny parenting time altogether.
What Is an Order for Protection (OFP)?
An Order for Protection (OFP) is a legal order that can:
- Prevent the abusive parent from contacting the child or co-parent
- Award temporary custody to the non-abusive parent
- Prohibit the abusive parent from entering the family home
- Enforce supervised or no-contact visitation
OFPs are granted through civil court and can last up to two years (or longer in repeat cases). You don’t need a criminal conviction to get an OFP — only evidence that domestic abuse has occurred.
For more information, visit the Minnesota Judicial Branch’s OFP page.
Can Custody Be Changed After Domestic Abuse?
Yes. If domestic abuse occurs after a custody order is finalized, you may file a motion to modify custody. Courts will only approve a custody modification if there is:
- Evidence of physical or emotional danger to the child
- A substantial change in circumstances
- Proof that a change is in the child’s best interest
In cases of new or ongoing abuse, you may also seek an emergency custody order to protect the child.
What If You’re the Accused Parent?
If you’ve been accused of domestic violence, you have legal rights and the chance to present your side. At Martine Law, we help clients facing allegations of abuse by:
- Reviewing evidence for inconsistencies or false claims
- Presenting alternative narratives (self-defense, parental discipline, etc.)
- Advocating for fair parenting time, especially if there’s no history of harm
- Helping you comply with court-ordered therapy or evaluations
Being accused does not mean automatic loss of custody — but it does mean you need a strong legal advocate on your side.
Why Legal Help Is Crucial
Custody disputes involving domestic abuse are emotionally charged and legally complex. Without a skilled attorney, you risk:
- Losing custody or parenting time
- Being ordered into long-term supervision or therapy
- Being denied the right to see your child at all
At Martine Law, our family law attorneys in Minnesota understand how the courts evaluate abuse claims and build strong, evidence-based cases to protect your rights — and your child’s safety.
Whether you’re the survivor seeking protection or a parent accused of abuse, we’re here to help.
Contact Martine Law for Custody Help
Are you in a custody dispute involving domestic abuse in Minnesota? Do you need legal protection for your child — or a defense against unfair allegations?
Contact Martine Law today for a confidential consultation with an experienced family law attorney. We’ll walk you through your legal options and help you secure a fair and safe custody arrangement.