Minnesota Child Custody Evaluations

The legal standard to file a Motion, Petition, or Complaint to modify child custody in Minnesota is complicated.

In essence, the party asking for the modification must prove the following legal standard.

Minnesota Motion to Modify Child  Custody

As the moving party, pursuant to Minnesota Statute § 518.18, it is the Petitioner’s burden to show:  (1) a change in the circumstances of the child or custodian; (2) a modification would serve the best interests of the child; and (3) one of the following conditions: (a) the custodian agreed to the modification; (b) the child was integrated into the family of the moving party with the other party’s consent; or (c) the child’s present environment endangers the physical or emotional health or impairs the child’s emotional development, and the advantages of a change outweigh the harm it would likely inflict on the child.   Geibe v. Geibe, 571 N.W.2d 774,778 (Minn. 1989).

Failure to allege specific facts in the motion which support the above standard will likely result in your motion being denied by the court.  After all, the court has no choice but to follow the law.

Filing a Motion for Modification of Child Custody is not something you should try on your own.  If you have questions, you should contact a good family law attorney.


– This post was written by Joseph M. Flanders of Flanders Law Firm LLC.