When can you request a custody modification in Minnesota?
Life changes, and when it does, your child custody order might need to change too. In Minnesota, custody orders are not set in stone. You can request a change, but only under certain legal conditions.
Courts are cautious when modifying custody arrangements. Judges prioritize stability for the child and will only approve a change if there’s a strong, well-documented reason.
You must show that:
- There’s been a substantial change in circumstances since the original order, and
- The change is in the best interests of the child
If you’re considering this, speak with a family law attorney early in the process. At Martine Law, our child custody attorneys help parents throughout Minnesota protect their parental rights and their children’s well-being.
What qualifies as a substantial change in circumstances?
Minnesota courts won’t reopen a custody case just because you or your co-parent disagree with the current order. Instead, they require evidence of meaningful change that could affect the child’s environment.
Examples of substantial changes:
- One parent is relocating or moving out of state
- There’s been domestic violence or abuse
- Substance abuse or criminal behavior by a parent
- A parent has become neglectful or disengaged
- The child’s needs have changed significantly (due to health, age, etc.)
- The child expresses a preference to live with the other parent (depending on age and maturity)
Documentation like police reports, school records, medical evaluations, or witness statements can strengthen your case.
How the custody modification process works in Minnesota
Changing a custody order isn’t automatic. You’ll need to file a motion and attend at least one hearing.
Step-by-step process:
- File a motion with the court that issued your current custody order
- Serve the motion on the other parent
- Attend mediation (if required by the court or requested by either party)
- Attend a hearing where both sides can present evidence
- Wait for the judge’s decision based on the child’s best interests
If you and your co-parent agree on the changes, you can submit a stipulation to the court for approval. This is faster, less expensive, and usually less stressful.
For guidance tailored to your case, consult with our family law team.
What factors does the judge consider?
Minnesota courts use the “best interests of the child” standard when reviewing custody changes. This is outlined in Minnesota Statute § 518.17.
Key factors include:
- The child’s emotional and physical needs
- Each parent’s ability to care for the child
- The child’s relationship with each parent
- How the change will impact the child’s stability
- History of abuse or domestic violence
- Each parent’s willingness to support the child’s relationship with the other
The court will not favor one parent over another based on gender or income. The goal is to promote a healthy, stable environment for the child.
Can children decide where they want to live?
Not directly. In Minnesota, there’s no specific age where a child can choose which parent to live with.
However, if the child is mature enough, the court may consider the child’s preference — especially for teenagers. This is just one factor among many and must align with their best interests.
Can parenting time be changed without changing legal custody?
- Yes. Parenting time (also called visitation) can be modified more easily than legal or physical custody.
- If your current schedule isn’t working due to school, work, or other life changes, the court may approve a revision — as long as it doesn’t disrupt the child’s well-being.
- You can also request supervised parenting time if you have safety concerns about the other parent.
- For help modifying parenting time, speak with a child custody attorney who knows how to present your case effectively.
What happens if the other parent disagrees?
If the other parent contests your request, the case becomes a contested custody modification. Each side must present evidence, and the judge will issue a decision after a hearing.
It’s important to:
- Avoid emotional outbursts in court
- Focus on the child’s needs, not grievances with your co-parent
- Bring documentation or witnesses to support your claims
- Let your attorney speak on your behalf
Contested modifications are more complex and may require evaluations or testimony from social workers or therapists.
Frequently asked questions
How often can I request a custody change in Minnesota?
You generally must wait 2 years after the initial order unless there’s evidence of danger to the child or serious changes. After that, courts require a legitimate reason to reopen the case.
Can we agree to changes without going to court?
Yes, but the court must still approve the new agreement. Unofficial changes aren’t legally binding and may not be enforced.
What if the other parent has become unfit?
You can file a motion for sole custody if the other parent’s behavior poses a danger to the child. A judge will examine the evidence before making changes.
Will changing custody affect child support?
Possibly. If parenting time or custody shifts significantly, the court may recalculate child support. Use Minnesota’s child support calculator or consult an attorney to understand your options.
Key takeaways
- Custody orders can be changed, but only if there’s a substantial change in circumstances.
- The court will prioritize the best interests of the child, not the preferences of the parents.
- You can file a motion to change custody or parenting time with the court that issued the original order.
- Agreements made outside court are not legally enforceable until approved by a judge.
- Legal help can streamline the process, especially in contested cases.
Ready to explore a custody modification in Minnesota?
Let Martine Law help you protect your child and your parental rights.