Minnesota Statutes

Minn. Stat. § 518D.204 (2026)

Temporary Emergency Jurisdiction

✓ current as of May 2026
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(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and:

(1) the child has been abandoned;

(2) it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse; or

(3) the child has been unable to obtain gender-affirming health care as defined in section 543.23, paragraph (b).

(b) If there is no previous child custody determination that is entitled to be enforced under this chapter, and a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.

(c) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 518D.201 to 518D.203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.

(d) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under sections 518D.201 to 518D.203, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to 518D.203, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2016–2024 · leading case: Leroy K.D. v. Nicole B., 2021 IL App (3d) 200010 (Ill. App. Ct. 2021).
Leroy K.D. v. Nicole B., 2021 IL App (3d) 200010 (Ill. App. Ct. 2021). “See 750 ILCS 36/204 (West 2018); Minn. Stat. § 518D.204 (2018). - 12 - statement of facts, or bystander’s report was filed in this case.”
In re the Custody of: S.K.S. Christian Schut v. Cynthia Schut (Minn. Ct. App. 2016). · cites it 3× “In May, father moved the district court to order immediate compliance with Minn. Stat. § 518D.204(d), including communicating with the German court having jurisdiction and authority over the matter for the purpose of arranging the transfer of the legal proceeding to Germany.”
In the Matter of the Welfare of the Child of: B. D. D. & D. A. A., Parents (Minn. Ct. App. 2024). · cites it 2× “However, the MUCCJEA provides that a Minnesota court can modify that initial jurisdiction: Except as otherwise provided in section 518D.204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has…”
Minn. Stat. § 518D.204(d): 1 case
In re the Custody of: S.K.S. Christian Schut v. Cynthia Schut (Minn. Ct. App. 2016). “In May, father moved the district court to order immediate compliance with Minn. Stat. § 518D.204(d), including communicating with the German court having jurisdiction and authority over the matter for the purpose of arranging the transfer of the legal proceeding to Germany.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.