When parents divorce in Minnesota, a parenting plan is often created to outline how custody and parenting time will be shared. But what happens if your circumstances change years later? Can you go back and ask the court to modify that parenting plan?
The short answer is yes, but only under certain conditions. Minnesota law allows for modifications to parenting time, custody, and other parts of the parenting plan when it’s in the best interest of the child and supported by a significant change in circumstances.
In this blog, we’ll explore what qualifies as a valid reason to modify a parenting plan in Minnesota, what the legal process looks like, and how Martine Law can help.
What Is a Parenting Plan?
A parenting plan is a court-approved document that outlines how parents will share custody and make decisions about their child’s upbringing after a divorce. It includes details such as:
- Legal custody (decision-making rights)
- Physical custody (where the child lives)
- Parenting time schedule (weekdays, weekends, holidays)
- How future disagreements will be resolved
Once approved, this plan becomes a binding legal agreement. However, it is not necessarily set in stone forever.
Can You Modify a Parenting Plan Years Later?
Yes, you can request a modification even years after the divorce. Minnesota law recognizes that families change, and what worked when your child was five may no longer make sense when they’re a teenager.
According to Minnesota Statute § 518.18, a court can modify custody or parenting time if:
- There has been a substantial change in circumstances
- The current plan no longer serves the child’s best interests
- The modification would improve the child’s well-being
- The change does not endanger the child’s physical or emotional health
What Qualifies as a “Substantial Change in Circumstances”?
Minnesota courts don’t allow changes just because one parent is unhappy with the existing arrangement. Instead, you must show a meaningful change in conditions, such as:
- One parent is relocating a significant distance
- A change in a parent’s work schedule that affects availability
- The child’s needs have evolved due to age, school, or health
- One parent is failing to follow the existing plan
- Domestic violence or substance abuse issues have surfaced
- There is ongoing parental alienation or manipulation
- The child expresses a consistent and reasonable preference (especially if older)
Types of Parenting Plan Modifications
Depending on your situation, you may request a change in one or more parts of the plan:
1. Parenting Time
You can ask to increase or reduce parenting time, change the schedule, or modify holiday arrangements. Courts are generally more flexible with parenting time modifications.
2. Legal Custody
Changing who has decision-making power about things like education, healthcare, and religion is more difficult. You must prove it is necessary and beneficial for the child.
3. Physical Custody
To change the child’s primary residence, courts require stronger evidence, especially if the change is contested by the other parent.
Do Both Parents Have to Agree?
Not necessarily. While it’s always better to agree and file a joint stipulation, one parent can request a modification even if the other disagrees. The court will then evaluate the request based on the child’s best interests.
If the court finds the current plan is no longer working and the proposed changes will help the child, the judge may approve the modification.
How Does the Modification Process Work?
Step 1: Consult a Family Law Attorney
An experienced lawyer can assess your case and determine if you meet the legal threshold for a modification.
Step 2: File a Motion
Your attorney will help you file a Motion to Modify Parenting Time, Custody, or Legal Decision-Making in the same court that handled your divorce.
Step 3: Serve the Other Parent
The other parent must receive legal notice of your motion and be given the opportunity to respond.
Step 4: Mediation or Evaluation (Optional but Common)
In many Minnesota counties, parents are required to attend mediation or a custody evaluation before going to court.
Step 5: Court Hearing
If no agreement is reached, a judge will hear both sides, review evidence, and issue a decision based on the child’s best interests.
What Will the Court Consider?
When reviewing a modification request, the judge will consider:
- The child’s age and development
- Each parent’s involvement in the child’s life
- Emotional ties and stability
- The child’s school and community ties
- Any history of abuse, neglect, or domestic violence
- The child’s wishes (if mature enough to express a reasoned preference)
The burden is on the parent requesting the change to show that the modification is warranted and in the child’s best interest.
What If the Other Parent Is Not Following the Plan?
If your ex is consistently violating the parenting plan, you have options:
- File a motion to enforce the existing order
- Document violations (missed pickups, denied visits, etc.)
- Request a modification if the violations affect the child’s well-being
Courts take these violations seriously, especially when a parent uses custody as a weapon or repeatedly interferes with parenting time.
For help enforcing your parenting plan, contact our Minnesota child custody attorneys at Martine Law.
How Long Does the Process Take?
Modification requests can take several months, depending on whether both parties agree, whether mediation is required, and how busy the local court system is. If a full trial is necessary, it could take longer.
Do You Need a Lawyer?
While it’s legally possible to represent yourself, it is not recommended. Parenting plan modifications involve legal standards, complex procedures, and emotional stakes.
At Martine Law, our family law attorneys:
- Analyze whether your situation meets the threshold for modification
- Draft a compelling legal motion
- Gather the necessary evidence
- Represent you in court or mediation
- Ensure your child’s best interests are at the center of the case
Schedule a Free Consultation
If your parenting plan no longer works for your family, don’t wait. Let the legal team at Martine Law help you pursue the changes you need to protect your child’s future.
We proudly serve families throughout Minnesota with compassionate, experienced legal support. Contact us today for a free consultation.