Domestic Abuse in Minnesota Custody and Parenting Time Cases

 

HOW DOMESTIC ABUSE AFFECTS CUSTODY AND PARENTING TIME IN MINNESOTA

If you or your child have been the victim of domestic abuse, it is important to obtain either a no contact order or restraining order protecting you or your child from the abuser. A domestic abuse no contact order (DANCO) is a specific type of criminal no contact order that can be issued in any criminal case against a defendant in which pretrial release or sentencing issues are decided and where the underlying criminal charges or convictions are for domestic abuse, stalking, or violation of an order for protection. An order for protection (OFP) is a restraining order issued out of family court when someone has committed domestic abuse against a family or household member (which includes roommates). Unlike a DANCO, which may only provide no contact, the relief provided by an OFP is much broader, and may provide no contact, temporary custody, parenting time, child support, and the exclusion from a child’s school or daycare.

Even though an OFP can provide such broad relief, it is important to understand how issues of domestic abuse can affect a number of aspects of a custody and parenting time case. If domestic abuse has occurred between the parties, the court may relieve the parties from the general requirement that they attend mediation or another form of alternative dispute resolution (ADR) in an effort to resolve their disputes prior to coming to court. Additionally, whenever the court determines what custody or parenting time arrangement is in a child’s best interest, the court is required to consider whether domestic abuse occurred, 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.

Perhaps the most important impact the presence of domestic abuse has on custody and parenting time is the fact that, while there is generally a presumption that parents are entitled to joint legal custody, that presumption vanishes if there has been domestic abuse. Put differently, there is a presumption against joint legal custody and joint physical custody when there has been domestic abuse. And, if a person requesting permission to move out of state with joint children has been the victim of domestic abuse by the other parent, it is up to the other parent to prove why the move out of state is not in the child’s best interest (generally, the parent requesting the move must prove why the move is in the child’s best interest).

Courts take domestic abuse allegations and evidence very seriously in custody and parenting time proceedings. The Minnesota State Legislature has taken domestic abuse very seriously as well, given the serious consequences it has created for abusers in custody and parenting time cases. If domestic abuse has occurred and you are going through a Minnesota family law case, contact the domestic abuse and child custody attorneys at RAM Law PLLC to schedule your initial case evaluation.