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Parenting Plan & Certain Criminal Convictions

Quick Facts

Criminal convictions can shift burden to that person.
Parenting time only given for best interest of children.

Seeking Custody or Parenting Time

If a person in divorce or other proceedings is seeking child custody or parenting time has been convicted of certain crimes, 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.

This requirement is effective 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 described by Minnesota law.

The court will not grant custody or parenting time to the parent 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. Clear and convincing evidence is a higher standard to meet than the normally required standard of evidence and therefore more difficult to meet.

Applicable Crimes

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, second, or third degree (with some exceptions);
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