Minnesota Modifications of Child Custody

MINNESOTA MODIFICATION OF CHILD CUSTODY LAWYER

Once child custody is established in Minnesota (both legal custody and physical custody), it can be difficult to modify it. The standard necessary to modify custody is something more than just “the best interests of the children,” which is the standard applied to initially establish child custody in Minnesota.

To modify either legal custody or physical custody, the Minnesota Courts apply an “endangerment standard.” Specifically, in order to modify child custody, it must be proved that the minor child or children are endangered either physically, emotionally or their emotional development is endangered while with the other parent.

The process for modifying child custody in Minnesota, requires the initiating parent to bring a post-decree motion (i.e. a motion after the Courts have already established child custody). At the motion hearing, the parent must establish by “prima facie” evidence, that the children are endangered as described above. If the Court agrees that you have met your burden of proof at the motion hearing, the Court will then schedule the modification of child custody matter on for an evidentiary hearing (which equivalent to a trial) to take testimony from the parents and any other witnesses and to receive exhibits to facilitate the Court's determination as to whether child custody should be modified.

Child custody in Minnesota can also be modified based on the theory of “integration.” What this means is that if the children move in with (change residence to) the other parent (the non-custodial parent) with the custodial parent's consent for a long enough period of time, then it may be determined that the children were “integrated” into that household. The consent of the custodial parent does not need to be actual expressed consent; the mere fact that the custodial parent did nothing after the child moved in with the other parent, may be sufficient “consent” under the theory of integration.

The parents are also allowed to modify child custody in Minnesota, based on a stipulated agreement. Therefore, if the parties agree to modify child custody, they would just need to incorporate that agreement into a stipulation and order, sign it and submit it the Court for a Judge to sign.

If you are wanting to modify an existing child custody order, but are uncertain as to whether there are sufficient grounds to accomplish such a modification, please contact the Prior Lake law firm, Blahnik Law Office, PLLC for a free initial consultation.