A Minnesota Defense Lawyer on Fighting Back When a Custody Battle Turns Criminal Under Minn. Stat. § 609.507
There is no accusation more toxic, more devastating, than one involving the abuse of a child. Now, that accusation has been turned against you. You’re holding a criminal complaint that says you are the one who broke the law—by Falsely Reporting Child Abuse. It feels like a nightmare you can’t wake up from. This charge is rarely brought against a stranger; it is almost always a weapon deployed in the heat of a bitter and emotional child custody battle. The other party in your case, perhaps feeling they are losing, has decided to use the most powerful tool at their disposal: a malicious lie designed to paint you as an unstable and untruthful parent and destroy your relationship with your children.
They are counting on the system to believe them. They know that even the slightest hint of false reporting can cause a family court judge to question your character, your motives, and your fitness as a parent. This charge isn’t just about a potential criminal record; it’s a direct assault on your parental rights. But their tactic will not go unanswered. You do not have to stand by while your reputation is destroyed and your future with your children is threatened. You need a defender who understands that this is not just a criminal case—it’s a fight for your family.
You are not alone in this fight. I have defended people throughout Minnesota—from the family courts of Hennepin County and Ramsey County to communities in Rochester, Duluth, and St. Cloud—who have been targeted by these vicious and unfair accusations. My role is to be your shield, to expose the lie for what it is, and to fight aggressively to clear your name so you can get back to what matters most: being a parent to your children.
The Ultimate Weapon in a Custody Fight: What This Charge Actually Means
A charge of Falsely Reporting Child Abuse in Minnesota is not about a simple misunderstanding or a parent’s genuine but mistaken concern. This law is narrow and specific, designed to punish one of the most destructive tactics in family law: knowingly lying about abuse to gain an advantage in a custody case. To be charged with this crime, the state must believe you did three things: you made an allegation of child abuse or neglect, you knew it was false, and you did it with the specific intent of influencing a child custody proceeding. This isn’t about being an overcautious parent; it’s about the malicious weaponization of the child protection system.
The core of a Minnesota accusation under this statute is the toxic combination of a known lie and a corrupt purpose. Prosecutors are not looking to charge parents who see a bruise and get worried, or who report something their child said that turned out to be a misunderstanding. The law targets the person who, in a calculated move, invents a story of physical abuse, sexual abuse, or neglect to sway a judge, custody evaluator, or social worker. Facing this accusation means the state believes you tried to use the ultimate trump card in your custody case, and my job is to prove they have it wrong.
The Law They Are Using Against You: Minnesota Statute § 609.507
Your case is governed by a very specific law designed to prevent the family court system from being manipulated by dishonest allegations. It is critical that you understand the precise language the prosecutor will use to try and convict you. The crime of Falsely Reporting Child Abuse is defined in Minnesota Statute § 609.507.
609.507 FALSELY REPORTING CHILD ABUSE.
A person is guilty of a misdemeanor who:
(1) informs another person that a person has committed sexual abuse, physical abuse, or neglect of a child, as defined in section 260E.03;
(2) knows that the allegation is false or is without reason to believe that the alleged abuser committed the abuse or neglect; and
(3) has the intent that the information influence a child custody hearing.
It is important to note that the terms “sexual abuse, physical abuse, or neglect” are legally defined in a separate statute, Minnesota Statute § 260E.03, and cover a range of conduct from physical injury to the failure to provide necessary food, shelter, and care.
Deconstructing a Malicious Allegation: The Three Elements the State Must Prove
To convict you of this crime, the prosecutor has a steep hill to climb. They cannot simply point to a bitter custody dispute and assume you lied. They must prove, beyond a reasonable doubt, three separate and distinct legal elements. My entire defense strategy will be built around dismantling their case at each of these points, showing that your actions were either truthful, born of genuine concern, or lacked the required criminal intent.
- The False StatementFirst, the state must prove that you actually informed another person—whether it was a social worker, a lawyer, a friend, or the police—that child abuse or neglect had occurred. This is the act of communication itself. They will use your emails, text messages, or the testimony of the person you spoke to as evidence. This element is often the easiest for the state to prove, but it’s meaningless without the other two.
- Knowledge of FalsityThis is the most critical element and the prosecution’s biggest weakness. They must prove not only that your allegation was false, but that you knew it was false when you made it, or that you had no reasonable basis to believe it. This is about your state of mind. If you had a genuine, good-faith reason to be concerned about a child’s safety, you have not committed this crime, even if your concern turned out to be unfounded. Panic, fear, and parental instinct are not the same as knowing deception.
- The Intent to Influence a Custody HearingThis is what makes this crime so specific. The prosecutor must prove that your sole purpose in making the false allegation was to corrupt a child custody proceeding. You must have intended for the information to be used as a weapon to sway a judge, referee, or custody evaluator in your favor. If you made the statement for any other reason—confiding in a friend, seeking advice, or in a context completely unrelated to a court case—the state cannot prove this essential element of the crime.
The True Penalties: More Than Just a Misdemeanor
On paper, Minnesota Statute § 609.507 is a misdemeanor. But do not be fooled into thinking this is a minor issue. For anyone charged under this law, the criminal penalties are the least of their worries. A conviction, or even just the charge itself, can inflict catastrophic and irreversible damage on what you hold most dear: your relationship with your children and your rights as a parent. The court of public opinion and the family court system can punish you far more severely than a criminal judge ever could.
The Criminal Sentence
As a misdemeanor, a conviction for Falsely Reporting Child Abuse carries a maximum potential sentence of up to 90 days in jail and/or a fine of up to $1,000. While many first-time offenders may not face jail time, the conviction itself is the true punishment, as it creates a permanent criminal record.
The Impact on Your Custody Case
This is the most devastating penalty. A family court judge who sees that you have been charged with—let alone convicted of—lying about child abuse will view you as untrustworthy and manipulative. This can single-handedly destroy your chances of getting a favorable custody arrangement. It can lead to you losing custody, being granted only limited or supervised visitation, and having your parental rights severely curtailed.
The Damage to Your Reputation
The stigma associated with this accusation is immense. It can shatter your relationships with friends, family, and your community. It can also create a permanent record of dishonesty that will show up on background checks, potentially affecting your employment and housing opportunities for the rest of your life.
When Family Fights Turn Vicious: Real-World Scenarios in Minnesota
This charge is born in the crucible of family law disputes, where emotions run high and people can resort to desperate and destructive tactics. The scenarios are almost always variations on a theme of one person trying to gain leverage over another.
The Contentious Divorce in Minneapolis
A couple is going through a nasty divorce in Hennepin County Family Court. One parent is afraid they are losing the fight for primary custody. In a desperate attempt to turn the tide, they tell their lawyer a completely fabricated story about the other parent’s drinking habits leading to neglect. The lawyer, obligated to report, sets a chain of events in motion that leads to a criminal charge when the story is proven false.
The Angry Ex in St. Paul
After a bitter breakup, a couple is heading to a custody hearing in Ramsey County. One parent sends a text message to a mutual friend, falsely claiming their ex-partner engaged in inappropriate physical discipline. They make this claim knowing the friend is on their witness list and intending for the friend to repeat the lie in court, hoping it will influence the judge’s decision.
The Grandparent Intervention in Rochester
A grandparent in Olmsted County strongly dislikes their son’s new spouse and fears they are a bad influence on the grandchildren. To try and get their son to leave the relationship and to gain more control over custody, the grandparent calls a social worker and makes a false report of emotional abuse against the new spouse, directly intending to influence the existing custody order.
The Exaggerated Claim in Duluth
During a custody exchange in a St. Louis County parking lot, a parent notices their child has a scraped knee from a normal playground fall. Seeking an edge in an upcoming mediation, the parent takes a picture and emails it to the custody evaluator, claiming the injury is suspicious and a sign of the other parent’s “neglectful supervision,” despite knowing the claim is a gross exaggeration.
Your Defense Against the Unthinkable: How We Fight Back
When you are accused of something so fundamentally at odds with your character, the fight to clear your name must be strategic, aggressive, and immediate. You cannot allow the other side’s narrative to take root. The burden of proof is on the state, and it is a high one. My entire approach is to expose the holes in their case, reveal the true motives behind the accusation, and present the truth to the court. A malicious lie cannot be allowed to stand.
We will not be on the defensive. We will launch our own proactive investigation into the source of the allegation. We will gather evidence, interview witnesses, and challenge the credibility of your accuser. In a case that hinges on he-said, she-said, our job is to ensure your voice is the one that is heard and believed. This is not just about avoiding a criminal conviction; it’s about reclaiming your integrity and protecting your family.
You Had a Genuine, Good-Faith Concern
This is the most powerful defense. We will argue that your report was not a malicious lie, but the action of a reasonably concerned parent.
- Reason to Believe: We will present evidence showing why you were legitimately worried. This could be based on your child’s own words, changes in their behavior, unexplained marks, or concerning situations you witnessed. Your conclusion may have been wrong, but your concern was real and justified.
- Parental Duty to Protect: You were not acting as a legal strategist; you were acting as a parent. We will argue that you were fulfilling your fundamental duty to protect your child from what you perceived as a potential threat. The law does not punish parents for being vigilant.
Challenging the “Intent” to Influence
The state must prove your specific goal was to corrupt a custody case. If your statement was made for any other reason, their case falls apart.
- No Active Custody Case: If you made the statement at a time when there was no active custody hearing or legal proceeding, it is much harder for the state to prove you had the required intent.
- Statement Taken Out of Context: Perhaps you were venting to a friend or seeking advice from a family member, not building a legal case. We will argue that your words were never intended to be used in a courtroom and have been twisted to fit a false narrative.
The Allegation Was Substantially True
Sometimes the defense is simple: you were telling the truth. The other side may claim your report was false, but we can fight to prove its validity.
- Presenting Corroborating Evidence: We will work to find evidence that supports your original concern. This could involve witness testimony, photographs, or expert opinions that show your report was based in fact, not fiction.
- Challenging the “Falsity” Narrative: We will aggressively cross-examine your accuser and their witnesses to expose inconsistencies in their story and show why their claim that you lied is not credible.
Attacking the Accuser’s Credibility
In these cases, it is essential to shine a light on the person pointing the finger at you. We must expose their reasons for making a false accusation against you.
- Motive to Lie: Does your accuser stand to gain custody, financial advantage, or personal satisfaction from having you charged with a crime? We will expose their motives to the judge and jury, showing that their accusation is a self-serving tactic, not a pursuit of justice.
- History of Dishonesty or Instability: We will conduct a thorough investigation into your accuser. A pattern of exaggeration, manipulation, or prior false statements can be powerful evidence to demonstrate that they are the one who is not being truthful.
Urgent Questions About False Child Abuse Reporting Charges in MN
Will I go to jail for this charge?
While a misdemeanor carries a potential for up to 90 days in jail, it is not the most common outcome for a first offense. However, the risk is real. The primary goal of a strong defense is to seek a full dismissal to avoid any penalty, including jail, fines, and a criminal record.
Can this charge actually be dismissed?
Yes. A dismissal is always the number one goal. By showing the prosecutor that your concern was genuine, that you lacked criminal intent, or that their evidence is weak, we can often persuade them to drop the charges before it ever gets to a trial.
How will this affect my custody case in Minneapolis or St. Paul?
It will have a massive and immediate negative impact. A Hennepin or Ramsey County family court judge will likely view the charge with extreme skepticism toward you. It is absolutely critical to fight the criminal charge aggressively, as a dismissal or acquittal is the best evidence you can present to the family court to repair the damage.
What should I do first?
Immediately contact a Minnesota defense attorney who has experience with these specific types of cases. Do not speak to the police, social workers, or the other party about the allegation without your lawyer present. Anything you say can be used against you in both the criminal and family court cases.
I think my ex is about to accuse me of this. What can I do?
If you suspect a false allegation is coming, be proactive. Document everything. Save all text messages, emails, and voicemails. Keep a detailed journal of all interactions. Then, consult with an attorney immediately to develop a strategy to protect yourself before the allegation is even made.
What is “good-faith” reporting?
Good-faith reporting means you had a sincere belief that abuse or neglect might be occurring, even if you weren’t 100% certain. The law protects people who report in good faith. The prosecution has the burden of proving your report was made in bad faith—that you knew it was false.
My child told me something happened, but now they are denying it. Am I in trouble?
Not necessarily. It is very common for children to recant statements out of fear, confusion, or loyalty. If your initial report was based on a genuine belief of what your child told you at the time, you were acting in good faith. We can defend your actions based on the information you had.
How do I defend myself without looking like I’m attacking the other parent?
This requires a careful and strategic approach. Our defense will be fact-based. We will focus on exposing the lack of evidence for the charge against you and highlighting your own history of good parenting, rather than launching personal attacks. The goal is to prove your integrity, not just sling mud.
Does this charge mean I will lose my kids forever?
It is a serious threat to your parental rights, but it does not have to mean losing your children. By fighting the charge head-on, clearing your name, and showing the family court the truth, you can overcome this and secure your relationship with your children.
How can a lawyer help in both the criminal and family court cases?
An attorney who understands both systems can ensure that the strategy in your criminal case supports your goals in the family law case. Actions taken in one court have direct consequences in the other. I can help you navigate this complex intersection to protect your rights on all fronts.
What is considered “neglect” in Minnesota?
Under Minnesota law, neglect can include a failure to provide a child with necessary food, clothing, shelter, education, or medical care, as well as exposing a child to a dangerous environment or failing to provide adequate supervision.
Can a text message be enough evidence to charge me?
Yes. A text message, email, or even a voicemail in which you make a false allegation can be used by the prosecution as the primary evidence of the “informing” element of the crime.
What if I made the report to my therapist? Can that be used against me?
Communications with a therapist are generally privileged and confidential. However, there are exceptions, particularly when a threat of harm to a child is involved. This is a complex legal issue that requires immediate analysis by your attorney.
How long will a case like this take to resolve?
These cases can be lengthy because they often involve parallel proceedings in both criminal and family court. The timeline can range from a few months to over a year, depending on the complexity of the case.
Is it worth fighting a misdemeanor?
Absolutely. In this specific context, the label “misdemeanor” is misleading. The conviction is for a crime of dishonesty involving your children. The lifelong collateral consequences to your family, reputation, and career are far more severe than the criminal penalty itself. You must fight it.
The Devastating Fallout: Life After a False Reporting Accusation
The consequences of being accused of Falsely Reporting Child Abuse extend far beyond the walls of a criminal courtroom. This accusation attacks the very core of your identity as a parent and a trustworthy person. The fallout can be swift, brutal, and long-lasting, affecting your most cherished relationships and your standing in the community.
Losing the Trust of the Court
Family court judges operate on trust. They must make incredibly difficult decisions about the welfare of children, and they rely on the parents to be honest. When you are accused of intentionally lying to manipulate this process, you shatter that trust. A judge may view every statement you make with suspicion, putting you at a significant disadvantage for the remainder of your custody case and for years to come.
Losing Your Children
This is the ultimate and most terrifying risk. A judge who believes you would lie about your child’s safety may conclude that you are not a fit parent. They may decide that your judgment is so poor, or your character so manipulative, that it is not in the child’s best interest to be in your care. This can result in a complete loss of custody or being relegated to infrequent, supervised visitation.
A Permanent Record of Dishonesty
A misdemeanor conviction for this crime creates a public and permanent criminal record that labels you as dishonest. When you apply for a job, seek to volunteer at your child’s school, or try to rent a new home, this conviction will appear on a background check. It is a significant red flag that can cause you to be passed over in favor of other candidates, regardless of your qualifications.
Alienating Your Children and Family
Perhaps the most painful consequence is the damage done to your personal relationships. The other parent can use this accusation to try and turn your children against you, a devastating tactic known as parental alienation. It can cause rifts within your extended family and social circles, leaving you feeling isolated and alone during the most difficult time of your life.
Why You Need a Lawyer Who Understands Both Sides of the Courtroom
When you are facing a criminal charge that is inextricably linked to a family law battle, you cannot hire just any attorney. You need a criminal defense lawyer who understands the unique and high-stakes environment of family court. The strategies used in a standard criminal case may not be appropriate when your parental rights are on the line.
A Criminal Charge with Family Law Consequences
This is not a standalone criminal issue. Every decision made in your criminal case will have a direct and immediate ripple effect in your custody case. I understand this critical intersection. My defense strategy will be designed not only to defeat the criminal charge but also to position you for the best possible outcome in family court. My goal is to protect your liberty and your parental rights.
The Shield You Need in a High-Stakes Fight
In these cases, you are not just being prosecuted by the state; you are being attacked by a private party who is using the system as their weapon. You need a defender who will act as your shield against these malicious tactics. I will be your advocate, your voice, and your fighter, dedicated to exposing the truth and protecting you from an unjust and calculated assault on your character.
A Strategic Defense Across Minnesota’s Family Courts
I have represented clients in the trenches of Minnesota’s most contentious custody battles, from Minneapolis and St. Paul to the surrounding counties. I know how family court judges, custody evaluators, and social workers view these allegations. This experience allows me to craft a defense that speaks their language and addresses their primary concern: the best interests of the child. We will work to show that your interests and the child’s interests are one and the same.
Your Parental Rights Are My Priority
At the end of the day, this case is about your future with your children. While we will aggressively fight the criminal charge, my focus will never stray from the ultimate goal: clearing your name so that you can return to court with your integrity restored, ready to fight for a custody arrangement that is fair, just, and allows you to be the parent you deserve to be. Your family is your priority, and protecting it is mine.