Motion to Modify Child Custody
Flanders Law Firm LLC handles legal matters related to filing a Motion to Modify Child Custody in Minnesota.
Contact the firm for further information on whether you may be able to modify an existing child custody order.
Motion to Modify Child Custody in Minnesota
In many cases a Motion to Modify Child Custody cannot be brought earlier than one year after entry of a final court order.
However, a motion may be brought if the following criteria are met:
- the parties stipulate to the modify child custody
- there is a persistent and willful denial of parenting time
- physical or emotional harm is being caused to a child
A Two-Pronged Test
In Minnesota, there is a two-pronged test that parties wishing to modify child custody must meet. A court will not entertain a motion for modification of child custody unless the standard cited below is met:
- there are new facts that have arisen since the prior order or that were “unknown” to the court at the time of the prior order, and a change of circumstances must have occurred in the circumstances of the child or his custodian; and
- modification is necessary to serve the best interest of the child or children.
If this test can be satisfied, the court will entertain a motion to modify child custody action.
Essentially, a party wishing to modify child custody must show that a significant change of circumstances has happened. Furthermore, due to that change in circumstances, it would now be in the best interest of the child that custody be modified.
If you believe that you have factual evidence that would meet the above requirements, you may be able to modify an existing child custody order.
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