During your divorce, you and your ex will reach a custody agreement that’s in line with Minnesota law. While it may work out perfectly for you and your children, bear in mind that circumstances change—sometimes quickly—and if they do, either you or your ex-spouse can file a motion to modify custody.
Modifying custody isn’t easy unless all parties agree on the exact terms; even if everyone agrees, it can be a time-consuming, confusing process.
How to Modify Custody in Minnesota
If you feel like you need your custody agreement changed, your attorney can file the appropriate motion on your behalf. From there, the court will review your case using the basic guidelines issued by the state of Minnesota.
The guidelines require the court to:
- Determine whether there has been a change in circumstances since the court issued the last order. A significant change in circumstances could be something such as a change in work schedule, changes in health, or anything else that might affect the amount of time that one of you is able to spend with your children.
- Determine whether a modification to the custody agreement would be in your children’s best interests. For the most part, the judge will look at the same factors that he or she used to determine the original custody arrangement.
- Evaluate whether the kids have been integrated into the non-custodial parent’s home or whether their emotional or physical well-being is in danger in their present environment.
- Find out whether modifying custody will be better for the kids than letting them stay in their current situation by weighing the benefits and risks for potential harm.
If you expect the court to modify your custody order, you’ll need to prove that there’s a good reason for them to do so. Getting your judge to make post-decree modifications after your divorce isn’t a simple process, but your lawyer will be able to tell you what type of proof the court will require.
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It can be difficult to navigate the court system when it comes to custody modification. Call us at 763-323-6555 for your free consultation with one of our experienced, knowledgeable attorneys.