Child Custody Modification
Our Minnesota family law attorneys can help if you are faced with Modification of Child Custody. Child custody modification is needed to alter custody once an initial determination of child custody has been ordered by the Court (in a Divorce Decree or a Paternity Order). Child custody cannot be changed unless a party is able to show at least one of the following:
- That the other party has consented to the modification of child custody; or
- That the minor children involved in the proceeding have been “integrated” and have started living with the non-custodial parent with the other parent’s consent; or
- That the environment at the custodial parent’s home is emotionally or physically endangering the minor children.
For instance, if the custodial parent becomes addicted to drugs or alcohol, it may be in the best interest of the child to switch parents. However, the court can only change the ruling if both parents agree, if the present situation endangers the child, or if the custodial parent has allowed the child to be fully integrated into the life and home of the non-custodial parent. One of the parents must make a motion before the court to make the change and there must be evidence to explain why the change must be made.
A parent seeking to modify custody must first meet their initial burden by filing a Motion together with supporting Affidavits which inform the Court why a change in custody is warranted. A parent can seek a modification of either legal custody or physical custody. If the Court believes that a party has met its burden through submission of the initial paperwork, the Court can order an immediate change in temporary custody and may also order the parents to participate in a custody study or a custody evaluation. Once the custody evaluation is completed, and the parents are still not able to resolve the custody dispute, the Court must hold an evidentiary hearing.
Custody Modification Trial
At the evidentiary hearing, the parent who is asking for a change in child custody can present evidence showing why the change in custody is warranted. The parent opposing the change of custody can do the same. Evidence is typically presented in the form of witnesses, documents, experts, and evaluation reports. After the evidentiary hearing, the Court makes the determination regarding the issue of custody modification.
Free Consultation
If you are looking to modify a child custody order or going through a custody dispute with an ex-spouse, contact our Minnesota Child Custody Modification Attorneys for a free consultation at 651-647-0087.
