How Domestic Abuse Affects Child Custody in Minnesota

Exposure to domestic abuse is harmful to children and can cause long-lasting struggles. In recognition of this problem, Minnesota law instructs judges on how to make custody decisions when there is a history of abuse in the family.

Here's an overview of how Minnesota defines domestic abuse and how it affects child custody. 

Child Custody in Minnesota

There are two types of custody in Minnesota: legal and physical. Legal custody refers to a parent’s right to make important decisions about how their child will be raised, including their education, medical care, and religious upbringing. In most cases, parents share legal custody. Physical custody refers to where the child primarily lives and how much time the child spends with each parent. 

Family law judges must consider all relevant factors relating to the best interests of the child when deciding legal or physical custody, including:

• the child's physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child's needs
• any special need the child may have (educational, medical, mental, or developmental)
• the reasonable preference of the child, if a judge finds the child old enough and mature enough to express an independent preference
• whether domestic abuse has occurred in either parent's household or relationship, the nature and context of that abuse, and what it means for parenting the child's safety and well-being
• any physical, mental, or chemical health issue of a parent that affects the child's safety or developmental needs
• the history and nature of each parent's caregiving
• each parent's willingness and ability to provide ongoing care and meet the child's needs
• the effect on the child of changes to home, school, and community
• the effect of the proposed arrangement on the child's relationships with each parent, siblings, and other important people in the child's life
• the benefit to the child of maximizing parenting time with both parents, weighed against the harm of limiting time with either parent
• except in cases where domestic abuse has occurred, each parent's willingness to support the child's relationship with the other parent, and
• each parent's willingness and ability to cooperate in raising the child and to resolve disputes about the child's life. 

(Minn. Stat. § 518.17 (2026).)

What Counts as Domestic Abuse Under Minnesota Law?

Domestic abuse includes more than just physical injuries. Minnesota’s Domestic Abuse Act defines domestic abuse broadly as:

• physical harm, bodily injury, or assault
• the infliction of fear of imminent physical harm, bodily injury, or assault
• threats of violence with the intent to terrorize someone
• criminal sexual conduct 
• sexual extortion, and
• interference with an emergency call (for example, if a victim calls 911 for help and the alleged abuser unplugs the phone).

The Domestic Abuse Act also states that domestic abuse is committed among and between “family and household members," which includes:

• current or former spouses
• parents and children
• people who are related by blood
• people who are currently living together or who have lived together in the past
• people who have a child in common, regardless of whether they have ever married or lived together
• a man and a woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they’ve ever married or lived together, and
• people who are currently or have previously been involved in a significant romantic or sexual relationship.

(Minn. Stat. § 518B.01 (2026).)

How to Get an Order for Protection in Minnesota

If someone is abusing you or your child, Minnesota law lets you ask for an Order for Protection (OFP). This is a civil order that is separate from any criminal charges or criminal protective order the abuser might face. You don't need a lawyer to ask for one, though a lawyer or domestic violence advocate can help.

You can file a petition in the county where you live, where the abuser lives, where the abuse happened, or where a related family court case (like a divorce or custody case) is already underway. There's no fee to file. You'll need to fill out a petition describing the abuse and sign a sworn statement. Minnesota's Guide & File tool can walk you through the paperwork.

If you're in immediate danger, you can ask a judge for an emergency order right away, without notifying the abuser. If it's granted, the abuser gets served with the order and has five days to ask for a full hearing. At the hearing, the judge decides whether to grant a longer-term OFP based on the evidence.

An OFP can:

• order the abuser to stop the abuse
• make the abuser move out of a home you share
• order the abuser to stay away from you, your home, and your workplace
• grant you temporary custody and parenting time for any children
• order the abuser into counseling or a treatment program, and
• protect your pets.

(Minn. Stat. § 518B.01 (2026).)

How Domestic Abuse Impacts Child Custody in Minnesota

Domestic abuse is one of the factors a judge must consider when making a custody decision. Domestic abuse between the parents has to be considered, but domestic abuse in other relationships is also relevant. If a parent was abusive toward a previous partner or another child, the judge will consider that behavior when deciding who has custody of the children.

Domestic abuse can also affect other factors, depending on the circumstances. For example, if there's abuse between the parents, that history can affect the children's mental health and stability, which the judge must also weigh.

When a parent asks for joint custody, Minnesota law starts from the assumption that joint legal custody is best for the child (called a "rebuttable presumption"). But if the judge finds a history of domestic abuse, that starting point flips and the parent who committed the abuse has the burden of proving that joint custody is best for the child. If that parent can't change the judge's mind, the other parent gets sole custody. 

Minnesota law also limits how much control an abusive parent can have over the custody arrangement. If either parent has committed domestic or child abuse, a judge can't approve a parenting plan that gives the parents joint legal custody. The judge has to look closely at what happened and consider the child's safety. The judge also can't make the parents go to mediation instead of court.

And if there's reason to think a child has been a victim of abuse at home, a judge must appoint a guardian ad litem to look out for the child's best interests during the case. 

(Minn. Stat. §§ 518.17, 518.165, 518.1705 (2026).)

Impact on Visitation

Visitation is called “parenting time” in Minnesota. Minnesota law presumes each parent is entitled to at least 25% of parenting time, absent evidence to the contrary. A history of domestic abuse is exactly the kind of evidence that can lead a judge to depart from the minimum. If there's a domestic abuse protection order against an abusive parent, the judge must consider that order when deciding on parenting time and must issue an order that is in the child’s best interests. The non-abusive parent can request that any parenting time by the abusive parent be supervised. This means the abusive parent can still visit with the child, but only in the presence of another responsible adult, one who will monitor the situation and protect the child.

Parenting time can be supervised by a friend or relative, or hosted by a therapist or facility. The judge has the right to make the abusive parent pay for all of the costs of supervised parenting time and will generally only transition to unsupervised parenting time when the protection order expires, or the abusive parent shows evidence of rehabilitation through counseling and classwork.

(Minn. Stat. §§ 518.17, 518.175 (2026).)

Termination of Parental Rights

Termination of parental rights means that the parent-child relationship is severed, and the parent permanently loses all rights to custody of his or her child.

A judge can involuntarily terminate parental rights if a parent is "palpably unfit," meaning a consistent pattern of specific conduct that makes the parent unable to care for the physical, mental, and emotional needs of the child despite efforts to remedy the issue. A history of severe and extreme domestic abuse may qualify for termination of parental rights.

(Minn. Stat. § 260C.301 (2026).)

Getting Help

If you have questions about domestic abuse and child custody in Minnesota, talk to a family law attorney. 

Minnesota Day One offers free and confidential help; call 866-223-1111 or text 612-399-9995 to connect with an advocate. Day One works statewide to link domestic abuse survivors with resources. For those who need therapy and support, the Domestic Abuse Project connects victims to shelters and also provides counseling for all members of families impacted by abuse.

Finally, the Minnesota Judicial Branch’s online Self-Help Center contains a special section on domestic abuse.