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Stillwater, MN asked in Child Custody, Domestic Violence and Family Law for Minnesota

Q: How to determine parenting time with ex-husband's new DV charges?

I'm dealing with a custody situation where my ex-husband, who currently has sole custody, has been charged with new domestic violence offenses and has prior convictions. I am preparing to file a motion to modify custody with temporary relief forms. How can I determine his parenting time before his trial and address this issue in court?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Since your ex-husband currently has sole custody, his parenting time is likely governed by the existing court order. When domestic violence charges arise, you can request the court to modify custody or temporarily limit his parenting time to protect your child. Temporary relief forms allow the judge to set immediate, short-term arrangements while the case is pending.

In preparing your motion, include documentation of his current charges, past convictions, and any evidence of risk to your child. You can ask the court to issue a temporary order that limits or supervises his contact until the legal proceedings are resolved. Courts generally prioritize the child’s safety and may suspend or modify parenting time in cases involving domestic violence allegations.

Be sure to file the motion and all supporting evidence promptly, and attend any hearings to explain your concerns. The court may consider supervised visits, exchanges in neutral locations, or temporary suspension of parenting time until the charges are resolved. Acting quickly and providing clear evidence helps the judge make decisions that prioritize your child’s safety.

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