If you are thinking of modifying a child custody order, Minnesota law allows you to request a change under specific circumstances. Minor disagreements with your co-parent or schedule conflicts usually aren’t enough to warrant a modification.
You must demonstrate a substantial change of circumstances since the present orders came to be. This could be something like:
- One parent relocating far away
- Concerns about the child’s safety or well-being
- A parent not following the current custody arrangement
- A change in the child’s needs as they grow older
The changes must also be in the child’s best interests. Otherwise, the court won’t approve them. Here’s how the modification process works.
When both parents agree vs when they don’t
The process is much smoother if you and your co-parent agree on the modifications. All you have to do is put your agreement in writing and submit it to the court for approval. Judges often accept a jointly filed modification request. However, if there’s a disagreement, you’ll need to file a motion to modify a custody order and attend a court hearing. Be prepared to present evidence supporting your request.
For instance, if you believe your child is no longer safe or emotionally stable in the current arrangement, you should provide clear documentation, like school records, witness statements or evidence of unsafe living conditions. The judge won’t make changes based on suspicions or personal frustrations alone.
Getting legal guidance matters
Modifying a custody order isn’t always straightforward. Filing the wrong paperwork or missing a step could lead to delays or denials. If you believe your current order no longer fits your child’s needs, seek qualified legal assistance as soon as possible. It can help you build a strong case and make all the difference in the outcome of your modification bid.
