When the court orders a child custody agreement, the understanding is that it may one day need modification.
The needs of children and parents change over time, often resulting in a need to change custody.
Court standard for modification
Minnesota typically requires a minimum of one year from the day of the original order to pass before considering a modification. Exceptions to that rule include situations in which the child’s well-being is in danger, or one parent refuses to comply with the order.
Either parent may request a custody modification if the other parent commits a crime as well. Minnesota has a list of crimes that immediately qualify for a change of custody consideration in the event of a parent’s conviction.
The umbrella standard for any child custody case and the basis for court consideration is the best interest of the child. The court will consider any changes deemed best for the child.
Reasons to seek a custody modification
Some reasons you may seek a change to a custody agreement include:
- Both parents agree to the change in custody.
- The custodial parent moves to another state despite denial from the court.
- The environment provided by either parent presents a danger to the child’s emotional or physical health.
- One parent continues to violate the court-ordered agreement
The petitioning parent in a custody modification case must provide proof of any claim presented to the court.
The court evaluates custody cases based on the specific facts surrounding your case. Every case is different and requires special consideration.