In Minnesota, child custody modifications are a complex legal matter that always centers around one main factor — the best interests of the child. But what does that mean when parents seek to change a custody arrangement after the original order is in place? More specifically, do Minnesota courts lean toward awarding joint custody during modification proceedings?
The short answer is: yes, Minnesota courts generally favor joint custody, but only if it continues to serve the child’s best interests and the circumstances have changed substantially since the original order. This blog will walk you through how joint custody is viewed during modifications, what criteria the court evaluates, and what you can do to build a strong case.
Understanding Joint Custody in Minnesota
In Minnesota, joint custody can refer to:
- Joint legal custody: both parents share decision-making responsibilities about major life issues like education, medical care, and religion.
- Joint physical custody: the child lives with both parents for substantial periods, even if not always equally.
It’s possible to have joint legal custody without joint physical custody, and vice versa.
Minnesota law encourages cooperative parenting arrangements, and joint custody is often seen as ideal when both parents can communicate effectively and prioritize the child’s well-being.
When Can Custody Be Modified in Minnesota?
You can request a custody modification under Minnesota Statutes § 518.18, but you must meet specific requirements. The court generally won’t allow changes to custody unless:
- A minimum of one year has passed since the last custody order (with exceptions for emergencies or agreement between the parents)
- There has been a substantial change in circumstances
- The current arrangement endangers the child’s physical or emotional health
- A modification would serve the child’s best interests
Some examples of valid changes include:
- A parent relocating
- A change in the child’s needs or preferences
- Allegations of abuse or neglect
- One parent consistently failing to follow the existing order
Does the Court Favor Joint Custody in Modifications?
Minnesota courts do not have an automatic preference for joint or sole custody in modification cases. However, judges do favor maintaining consistency for the child and continuing joint custody if it has been working well or if it can reasonably be expected to improve after a change.
The court will examine:
- Whether the parents can still communicate and cooperate
- How joint custody has been working under the existing order
- Whether one parent is obstructing the child’s relationship with the other
- If the child is thriving under the joint custody arrangement
If the joint custody agreement has broken down or harmed the child’s well-being, the court may consider sole legal or physical custody as a better solution.
How the Best Interests of the Child Standard Applies
In every custody case, including modifications, the court uses the best interests of the child standard. This includes factors such as:
- The emotional ties between parent and child
- The child’s adjustment to home, school, and community
- The mental and physical health of all parties
- The willingness and ability of each parent to provide care
- Each parent’s ability to support the child’s relationship with the other parent
The court weighs these elements carefully. Even if joint custody was initially granted, it won’t be continued if it no longer serves the child’s interests.
More information can be found on the Minnesota Judicial Branch website.
What If One Parent Opposes Joint Custody?
If one parent no longer wants joint custody, they can file a motion to modify the arrangement. However, opposition alone isn’t enough. The court requires proof that:
- The current custody order is no longer effective or appropriate
- Joint custody is causing conflict or harming the child
- A different arrangement would better serve the child’s needs
This is where strong legal representation becomes essential. At Martine Law, we help parents prepare and present persuasive evidence to support their modification requests.
What Happens If Parents Agree to Modify Joint Custody?
If both parents agree to change the custody arrangement, the process is usually smoother. You can submit a stipulated agreement to the court, outlining the proposed changes. If the judge finds that the modification serves the child’s best interests, it will likely be approved.
Still, it’s wise to have a family law attorney review the agreement to ensure it:
- Meets legal standards
- Clearly defines custody and parenting time
- Is enforceable in court
Even when both parties agree, the judge’s approval is required to make it legally binding.
How Judges View Parental Cooperation
In joint custody modification cases, the court looks closely at how well the parents cooperate. If one parent shows a pattern of:
- Ignoring the other parent’s input
- Withholding the child
- Refusing to communicate
… the judge may reconsider whether joint custody is still appropriate.
In contrast, parents who show flexibility, cooperation, and mutual respect are more likely to maintain or regain joint custody. This aligns with the court’s preference to minimize disruption and encourage shared parenting responsibilities.
What Evidence Can Help in a Modification Request?
To support your case for continuing (or ending) joint custody, helpful evidence may include:
- Text messages, emails, or parenting apps showing communication patterns
- School and medical records that reflect stability or disruption
- Testimony from teachers, counselors, or therapists
- Parenting time logs or visitation calendars
At Martine Law, we help clients gather and organize this information to present a clear and compelling narrative to the judge.
Should You Get Legal Help for Custody Modifications?
Yes. Custody modification requests are legally complex and emotionally sensitive. Whether you are seeking to maintain joint custody, switch to sole custody, or oppose a change, you need an experienced family law attorney to:
- Navigate the court procedures
- File all necessary forms
- Build your argument under Minnesota law
- Represent your child’s best interests
You can get started by contacting the child custody team at Martine Law.
Final Thoughts
While Minnesota courts are generally supportive of joint custody, they only continue such arrangements during modifications if they continue to benefit the child. The court’s focus is always on the child’s best interests — not the parents’ convenience.
If you believe your current custody order needs to change, or if your co-parent has filed a modification, don’t try to handle it alone. Contact Martine Law today for experienced guidance that puts your child first.