Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

631.52 EFFECT OF CERTAIN CONVICTIONS ON CUSTODY AND PARENTING TIME
RIGHTS.
    Subdivision 1. Suspension of parenting time rights; transfer of custody. (a) If a person
who has court-ordered custody of a child or parenting time rights is convicted of a crime listed
in subdivision 2 and if no action is pending regarding custody or parenting time, the sentencing
court shall refer the matter to the appropriate family court for action under this section. The
family court shall:
(1) grant temporary custody to the noncustodial parent, unless it finds that another custody
arrangement is in the best interests of the child; or
(2) suspend parenting time rights, unless it finds that parenting time with the convicted
person is in the best interests of the child.
The family court shall expedite proceedings under this section. The defendant has the burden
of proving that continued custody or parenting time with the defendant is in the best interests
of the child. If the victim of the crime was a family or household member as defined in section
518B.01, subdivision 2, the standard of proof is clear and convincing evidence. A guardian ad
litem must be appointed in any case to which this section applies.
(b) If a person who has child custody or parenting time rights was convicted of a crime
listed in subdivision 2 before July 1, 1990, then any interested party may petition the sentencing
court for relief under paragraph (a) if:
(1) the defendant is currently incarcerated, on probation, or under supervised release for
the offense; or
(2) the victim of the crime was a family or household member as defined in section 518B.01,
subdivision 2
.
    Subd. 2. Application. Subdivision 1 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,
paragraph (c), (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; or
(15) felony harassment or stalking under section 609.749.
History: 1990 c 574 s 23; 1997 c 239 art 7 s 39; 1997 c 245 art 2 s 9; 1998 c 367 art 2 s
26; 2000 c 444 art 2 s 49

Official Publication of the State of Minnesota
Revisor of Statutes