What is the impact of a criminal record in Minnesota child custody cases?

How a Criminal Record Affects Custody and Visitation

Best Interests of the Child

Minnesota courts use the "best interests of the child" standard to guide their decisions regarding custody and visitation. According to Minnesota Statutes § 518.17, the court considers several factors to determine what arrangement will best serve the child's needs, including:

• The child's physical, emotional, cultural, and spiritual needs.

• The mental and physical health of all individuals involved.

• The relationship between each parent and the child.

• Each parent's ability to provide a stable and loving environment.

A criminal record can impact the court's evaluation of these factors.

Types of Criminal Convictions and Their Impact

Not all criminal convictions affect custody and visitation equally. Some convictions may have a more significant impact than others:

1. Violent Crimes and Domestic Abuse

   • Minnesota Statutes § 518B.01 emphasizes that a history of domestic abuse by one parent against the other parent or a child is a critical factor. The court may limit or deny custody and visitation rights to protect the child's safety.

   • Convictions for violent crimes, such as assault or battery, can also weigh heavily against the offending parent, as they may indicate a potential risk to the child's well-being.

2. Substance Abuse and DUI Offenses

   • If a parent has a history of substance abuse or DUI convictions, the court may question their ability to provide a safe and stable environment for the child. The court may require substance abuse evaluations, regular testing, or supervised visitation.

3. Sexual Offenses

   • Convictions for sexual offenses, especially those involving minors, can severely restrict a parent's custody and visitation rights. The court prioritizes protecting the child from potential harm.

4. Other Criminal Convictions

   • Less severe convictions, such as misdemeanors or non-violent felonies, may have a lesser impact. However, the court will still consider the nature and frequency of the offenses, as well as the time elapsed since the last conviction.

Mitigating the Impact of a Criminal Record

While a criminal record can negatively impact custody and visitation, there are ways to mitigate its effects:

1. Demonstrating Rehabilitation

   • Showing evidence of rehabilitation, such as completing treatment programs, maintaining steady employment, and staying out of trouble, can help convince the court that the parent is capable of providing a stable and safe environment for the child.

2. Complying with Court Orders

   • Adhering to all court orders, including attending counseling or substance abuse treatment, can demonstrate the parent's commitment to improvement.

3. Seeking Legal Assistance

   • Navigating custody and visitation issues with a criminal record can be complex. Consulting with an experienced family law attorney can help parents understand their rights, gather evidence of rehabilitation, and present a compelling case to the court.

Relevant Minnesota Statutes

For those interested in exploring the legal framework further, the following Minnesota statutes are particularly relevant:

• Minnesota Statutes § 518.17: Factors to be Considered in Custody and Parenting Time Determinations

• Minnesota Statutes § 518B.01: Domestic Abuse Act

• Minnesota Statutes § 518.175: Parenting Time (including supervised parenting time)

Conclusion

A criminal record can significantly impact child custody and visitation decisions in Minnesota. Courts prioritize the best interests of the child and carefully consider the nature and severity of a parent's criminal history. Parents with a criminal record should take proactive steps to demonstrate rehabilitation and compliance with court orders. Consulting with an experienced family law attorney is crucial to navigating these complex issues and protecting parental rights.

If you have questions or need assistance with a child custody or visitation matter, contact the experienced family law and parent attorneys at Roach Law PLLC. Experienced family law attorney John E. Roach is here to help you understand your rights and advocate for the best interests of your child.