Minnesota Statutes 518.179 – Participation in Custody or Parenting Time When Person Convicted of Certain Offenses
Subdivision 1.Seeking custody or parenting time.
Notwithstanding any contrary provision in section 518.17 or 518.175, if a person seeking child custody or parenting time has been convicted of a crime described in subdivision 2, 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 if:
Terms Used In Minnesota Statutes 518.179
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
- Parenting time: means the time a parent spends with a child regardless of the custodial designation regarding the child. See Minnesota Statutes 518.003
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
(1) the conviction occurred within the preceding five years;
(2) the person is currently incarcerated, on probation, or under supervised release for the offense; or
(3) the victim of the crime was a family or household member as defined in section 518B.01, subdivision 2.
If this section applies, the court may not grant custody or parenting time to the person 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. A guardian ad litem must be appointed in any case where this section applies.
Subd. 2.Applicable crimes.
This section applies to the following crimes or similar crimes under the laws of the United States, or any other state:
(1) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(2) manslaughter in the first degree under section 609.20;
(3) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(4) kidnapping under section 609.25;
(5) depriving another of custodial or parental rights under section 609.26;
(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving a minor under section 609.322;
(7) criminal sexual conduct in the first degree under section 609.342;
(8) criminal sexual conduct in the second degree under section 609.343;
(9) criminal sexual conduct in the third degree under section 609.344, subdivision 1, clause (a) or (c), or subdivision 1a, clause (f) or (g);
(10) solicitation of a child to engage in sexual conduct under section 609.352;
(11) incest under section 609.365;
(12) malicious punishment of a child under section 609.377;
(13) neglect of a child under section 609.378;
(14) terroristic threats under section 609.713;
(15) felony harassment under section 609.749, subdivision 4; or
(16) domestic assault by strangulation under section 609.2247.