Learn What You Can Do To Modify Custody in MN When an Existing Plan Isn’t Working
Child custody arrangements don’t always work. Over time, kids’ needs can change. Their schedules change, too, and one that used to be convenient for a family may now interfere with sports practices or work schedules.
Other changes can affect child custody and parenting plans as well. Sometimes a parent remarries, and the family structure changes. Or a parent starts engaging in dangerous behavior that puts the children at risk of physical, mental or emotional harm.
When this happens, it’s often possible to modify a child custody order. If you’re hoping to change parenting time in Minnesota, here’s what you should know.
Child Custody Vs. Parenting Time: What’s the Difference?
People often use the terms “child custody” and “parenting time” interchangeably, but the truth is, they’re different terms.
“Child custody” includes legal custody (who makes important decisions about the child’s life) and physical custody (where the child legally resides). “Parenting time” is the time that each parent spends with the children, regardless of who has legal or physical custody.
Custody and parenting time can be determined between the two parents, but it’s always best to lay out custody and parenting time in a court order. This way, you can make sure the agreement is enforceable.
Changing the Schedule: When Parenting Time Can Be Modified
Let’s say one of the above scenarios happens and you need to adjust the court order. In Minnesota, it’s possible to change parenting time without changing physical or legal custody.
Minnesota Statute Section 518.175 governs parenting time. In subdivision 5(b), the statute provides that the court will modify parenting time if the modification would not change the child’s primary residence. The modification must also serve the best interests of the child.
The Law on Child Custody Modification in Minnesota
In Minnesota, modification of a child custody order is addressed in Minnesota Statute section 518.18. The statute says the court will change a custody arrangement when both parents agree to the modification.
If both parents do not agree that the order should be modified, and one parent seeks a modification, the court may still order the change if certain requirements are met. In these cases, the parent seeking the modification must file a motion with the court.
The court may grant the modification if:
- There’s been a significant change in circumstances, and
- A change in child custody is necessary to serve the best interests of the child.
Time Limits Apply to Child Custody Modification
Child custody can’t just be modified at any time. There are certain time limits that apply. At least one year must have passed since the original child custody order was made. If child custody has been modified in the past, at least two years must have passed since the last modification.
If your child is in danger of harm, it may be possible to change child custody more quickly. In circumstances like these, don’t wait. Get legal help right away.
How To Modify Child Custody in Minnesota: Steps To Take
The best way to request a modification is to work with a family law attorney in Minnesota. While you aren’t required to have a lawyer in family court, the process will be easier if you’re represented.
Non-lawyers are generally held to the same standards as lawyers. Because custody and parenting time are matters that affect your children’s well-being in critical ways, it’s best to get professional help.
If child custody modification is possible, your lawyer will file a Notice of Motion and Motion for Change of Custody (form CHC302) and an Affidavit in Support of Motion to Change Custody (form CHC303) on your behalf.
To request a change in parenting time, your lawyer will instead file a Motion for Parenting Time Assistance (form PAR102). When custody is being modified at the same time, form CHC302 also allows parenting time to be addressed.
These documents must be detailed and explain to the court why you’re trying to modify custody in MN. This paperwork will be served on the other party and filed with the court. The other party will be given time to respond to your motion. Then, you’ll likely have a court hearing (or two).
At the first hearing, the court will consider the written affidavits that you and the other party filed. The judge will decide if you’ve presented a “prima facie case,” a case that on its face meets the legal standard for modification. Usually, this takes a half hour or less.
If the court decides you have a prima facie case, the court may take additional action. The court may ask for a custody evaluation to gather facts about your case. The court may also schedule a second, evidentiary hearing.
An Important Note: If Your Child Is in Danger
Sometimes a parent’s actions put a child at risk of harm. You might be co-parenting with someone who’s relapsed into substance abuse, for example, or who has mental health issues that prevent them from making safe decisions. In these cases, the court may sometimes change custody on a temporary basis before a full evidentiary hearing.
Your lawyer may also request an order for protection (OFP) on your child’s behalf. However, this won’t change custody permanently. It’ll just make sure your child is protected from immediate harm while things are sorted out.
Need To Change Parenting Time in Minnesota? Get Legal Help.
If your current child custody arrangement isn’t working for you and your child, there is hope. Minnesota family law courts understand that kids’ needs change over time and that their families may need to modify existing court orders.
However, the law is complex. The process to use and the statutes that apply depend on your family’s circumstances. The best way to get legal advice about your situation is to talk confidentially with a family law attorney like White Luing Law.
Your attorney can gather in-depth information about your situation and recommend the best course of action to modify custody in MN. To schedule a confidential consultation at White Luing Law in Otsego, call 763-241-0477 or send us a message.