Emergency Custody in Minnesota

Short answer: Emergency custody in Minnesota is available only in serious situations. A judge can grant custody without first hearing from the other parent, called an “ex parte” order. But only if there is an immediate danger of physical harm to the child. A hearing then follows quickly. If your child is in danger right now, call 911 first.

By Matt Majeski, Minnesota divorce and family law attorney since 2008. Last reviewed October 2026.

When you believe your child isn’t safe with the other parent, you want the situation fixed today, not in a few months. Emergency custody in Minnesota is possible in true emergencies. However, the standard is high, and judges take these requests very seriously.

This page explains how emergency custody in Minnesota works, what judges look for, and what to expect afterward.

If your child is in danger right now

Court is not the fastest tool in a crisis. If your child faces immediate danger:

• Call 911.
• Contact your county’s child protection services.
• If you or your child have been abused, you may also qualify for an Order for Protection (explained below).

Once your child is safe, you can then turn to the family court process.

Emergency custody in Minnesota: the ex parte standard

“Ex parte” means the judge acts after hearing from only one parent. Because the other parent hasn’t had a chance to respond, the law limits these orders.

Minnesota Statutes, section 518.131 sets the standard. An ex parte order can’t grant custody or deny parenting time unless the court finds an immediate danger of physical harm to the child.

Examples that may meet this standard include:

• a parent physically harming the child,
• a parent driving drunk or high with the child,
• serious threats to harm the child or take the child and hide, or
• a parent exposing the child to someone who poses a clear physical danger.

Emotional concerns, missed visits, poor parenting choices, or a new partner you don’t like usually aren’t enough for an ex parte order. Those issues may still matter, but they are typically handled at a regular hearing instead.

What happens after an ex parte order

An ex parte order is temporary. It must be personally served on the other parent with notice of a hearing. That hearing is held at the earliest practicable date. At the hearing, both parents can present their side, and the judge decides whether to keep, change, or end the order.

Temporary custody orders during a case

Not every urgent problem is an emergency. During a divorce or custody case, either parent can ask for a temporary order on custody and parenting time. Both parents get notice and a hearing first.

When deciding temporary custody, the court considers the child’s best interests, including the time the child spent with each parent before the case started. A temporary order can’t deny a parent’s time unless the court finds it is likely to cause the child physical or emotional harm.

Priority hearings for denied parenting time

Since 2024, Minnesota courts must give priority to certain requests. Suppose a parent credibly claims they’ve been denied parenting time for 14 days or more in a row during a case. In that situation, the court must hold a hearing within 30 days.

Orders for Protection and emergency custody in Minnesota

If there has been domestic abuse, an Order for Protection (OFP) under Minnesota Statutes, section 518B.01 can provide fast protection. An emergency (ex parte) OFP can order the abusing party to stay away and have no contact. However, it can’t decide custody on its own.

To get temporary custody or set parenting time through an OFP, you need a hearing. At that hearing, the court can award temporary custody or parenting time, with primary consideration given to the safety of the victim and the children.

An OFP is a separate case from divorce or custody. However, the two often overlap.

What Minnesota judges look for in an emergency custody request

Judges see many emergency requests. The ones that succeed usually have:

• Specific facts. Dates, what happened, and who saw it.
• Evidence. Police reports, medical records, photos, texts, or messages.
• A real danger. A clear link between the facts and a risk of physical harm to the child.
• A reasonable request. For example, supervised parenting time rather than no contact at all, when that would address the danger.

On the other hand, a request that exaggerates or isn’t supported can hurt your credibility later in the case.

What if it isn’t an emergency?

Many serious concerns don’t meet the emergency standard but still deserve attention. In those cases, the usual options are:

• a motion to restrict or supervise parenting time, which requires a finding that the other parent’s time is likely to endanger the child, or
• a motion to change custody. See Changing Custody or Parenting Time in Minnesota.

Also, if a parent makes specific claims that the other parent’s time puts the child in danger, the court must hold a hearing as soon as possible.

Common questions about emergency custody in Minnesota

Can I just keep my child and not return them?

Keeping a child in violation of a court order can have serious consequences, including make-up time and fees, and in some cases criminal charges. If you believe returning your child would be unsafe, contact law enforcement or child protection and seek a court order right away.

Do I need a custody order already in place?

No. Emergency and temporary orders can be requested at the start of a case. For unmarried parents, the rules about who has custody before any order are different. See Unmarried Parents: Paternity and Custody in Minnesota.

Will the court appoint someone to look into it?

Sometimes. In cases involving claims of child abuse or neglect, the court must appoint a guardian ad litem. See Guardians ad Litem and Custody Evaluations in Minnesota.

Related pages

• When Your Ex’s New Partner Can and Can’t Be Around the Kids
• Alcohol or Drugs in a Minnesota Divorce
• Child Custody in Minnesota

Have another divorce or family law question? See our list of topics on the FAQ page.