Q: Can my husband file for temporary full custody after his daughter self-harmed in the mother's care?

A: Yes, your husband can take legal steps to seek temporary full custody if there’s a serious concern about his daughter’s safety, especially following something like a suicidal attempt or serious self-harm in the mother’s care. In a situation like this, he should talk to his attorney about filing an emergency motion to modify custody, requesting temporary sole physical custody. Courts will often grant emergency relief only when there’s a credible threat to the child’s physical or emotional safety, so having documentation, such as medical records, mental health evaluations, police reports, or statements from professionals, is crucial.

Another option might be filing an Order for Protection (OFP) on behalf of the child. This doesn’t require the same long procedural timeline as a standard custody modification and can be used when the child’s environment presents a risk of harm or serious neglect. If granted, an OFP can include temporary custody provisions that remove the child from the mother’s care for a period of time, but keep in mind it's a bandaid fix.

A: I'm really sorry you're facing such a painful and urgent situation. When a child self-harms, it shakes the entire family, and your husband is right to take that seriously. If communication with the mother has broken down and there's real concern for his daughter's emotional or physical safety, he does have the right to ask the court for help.

In Minnesota, a parent can request a modification to custody or file for temporary full custody if there’s evidence that the child may be in danger or not receiving adequate care. Since this is a new and serious development, your husband can file a motion with the court explaining what happened, why it’s a concern, and what changes he’s seeking. He will need to show how this change would be in his daughter’s best interest and may be asked to provide documentation or statements related to the incident.

The court doesn’t take changes to custody lightly, but it will always prioritize the child’s well-being. If his daughter is willing and able, her voice may also be considered depending on her maturity and the judge’s discretion. You’re doing the right thing by exploring options—not out of conflict, but out of love and concern for her safety. Keep supporting each other through this—you’re not alone, and taking action now can make all the difference.