Legal Question in Family Law in Minnesota

Could a mother lose custody if she were living or married to a convicted felon? This mother has been proven mentally unstable and this felon has lost custody to his children.


Asked on 2/11/13, 5:33 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

The answer is "maybe." For a court to change custody, it must find that he child is endangered in the current custodial situation and that the benefit if a change in custody outweighs any harm caused by the change.

being a felon alone is not considered endangerment. What matters is the particular criminal offense and whether it makes the person a danger to the child. Certainly instability can endanger a child physically, emotionally and developmentally.

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Answered on 2/12/13, 5:38 am


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