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To request a change of custody in Minnesota, start with the Judicial Branch’s Request for Change of Custody packet, which includes CHC302, the motion, and CHC303, the supporting affidavit. If you are seeking parenting-time assistance rather than a custody change, the PAR forms may be appropriate instead. Choose the packet based on the actual relief requested, not just the word “agreement.”
Forms help present a request; they do not establish that the legal requirements for changing an order are met.
Do you already have a custody order?
First obtain the current order and all later amendments. Identify whether you need to establish custody for the first time, change custody, adjust parenting time, enforce an existing term, or respond to another parent’s request.
The Minnesota Judicial Branch custody forms guidance distinguishes these situations. Establishing custody and modifying an existing order use different procedures and forms.
Which forms are in the change-of-custody packet?
The official Request for Change of Custody packet lists:
- CHC301: instructions for changing custody.
- CHC302: Notice of Motion and Motion for Change of Custody.
- CHC303: Affidavit in Support of Motion to Change Custody.
- CON110: instructions concerning restricted identifiers and non-public documents.
- CON111: Confidential Information Form, also called Form 11.1.
- CON112: Cover Sheet for Non-Public Documents, also called Form 11.2.
- SOP102 and SOP104: affidavits for personal service or service by mail, as applicable.
Read the current instructions to determine which documents apply and how they must be completed. The presence of two service forms does not mean you may choose any method without checking the requirements.
Which forms address parenting-time assistance?
The Judicial Branch’s custody and parenting-time forms page separately lists PAR101 instructions, PAR102 Motion for Parenting Time Assistance, and PAR103 supporting affidavit.
A proposed calendar change may affect custody or primary residence, so its legal effect matters. Do not select a parenting-time packet merely to avoid custody-modification requirements.
Our parenting-time modification guide explains why these distinctions matter.
What if you are responding to the other parent’s request?
The forms page lists a separate response packet for custody changes, including CHC401 instructions, CHC402 responsive motion, and CHC403 supporting affidavit. Parenting-time responses use the separately listed PAR201, PAR202, and PAR203 forms.
Review the documents served on you, hearing information, and applicable response deadlines promptly. Do not assume a response can wait until the hearing date.
What should the supporting affidavit explain?
Use accurate facts tied to the requested relief. Identify the current arrangement, the specific change, relevant events, and why the applicable legal requirements are satisfied.
Section 518.185 addresses affidavit requirements for custody-modification motions. Section 518.18 supplies custody-modification standards and timing rules.
A request does not succeed merely because circumstances changed or a different arrangement seems preferable. Provide relevant lawful records and distinguish firsthand knowledge from assumptions or information reported by others.
How should a proposed schedule be presented?
State the exact calendar, exchange times, transportation responsibilities, holiday rules, and any decision-making changes requested. Explain which current provisions would be replaced and which would remain.
A proposed plan can help clarify the motion, but it does not replace the required motion, affidavit, or legal showing. See our parenting-plan checklist.
What about confidential information and private records?
Follow CON110 and the applicable filing rules. Restricted identifiers and non-public documents require proper handling; placing sensitive material in an ordinary attachment may not protect it.
Do not assume a confidentiality cover sheet makes every document private regardless of the rules. Ask the Self-Help Center or counsel about proper submission of sensitive information.
How do filing, service, and fees fit together?
Follow the current packet instructions and court requirements for the case. Confirm the case number, proper court, hearing arrangements, service method, deadlines, proof of service, and filing procedure.
Filing documents is not the same as serving the other party. Electronic filing likewise does not automatically resolve every service requirement.
Check the current court fee and fee-waiver information rather than relying on a generic estimate. The official forms pages link to court fees and Self-Help resources.
What if both parents agree?
Agreement may change the procedural route, but it does not mean a private document automatically replaces the court order. Confirm the appropriate stipulation and proposed-order process and any findings or approval required.
Our custody modification guide explains why an agreed request still needs legal review.
Are there statewide forms for emergency ex parte custody?
The Judicial Branch’s custody forms guidance states that it does not publish forms for requesting an emergency ex parte order. Do not assume an ordinary custody-change packet is an emergency packet.
Emergency and no-notice requests have specific requirements. See our emergency custody guide and obtain prompt advice when safety is at issue.
Frequently asked questions about Minnesota custody forms
Are CHC302 and PAR102 the same form?
No. CHC302 concerns a custody-change motion; PAR102 concerns parenting-time assistance. Review the requested relief and packet instructions.
Does filing the forms guarantee a hearing on all my evidence?
No. The court must apply the relevant legal and procedural requirements. Do not assume a full evidentiary hearing follows automatically from filing.
Can I use an old downloaded packet?
Obtain the current forms and instructions from the official court website so you can check for changes.
Does changing custody automatically change support?
Do not assume so. A support request may require additional relief, documents, and applicable procedures.
Where can I get help choosing forms?
The Judicial Branch’s Self-Help Centers can assist with form and procedural information. A lawyer can evaluate the legal standard and strategy for your particular request.
Choose the procedure before completing the paperwork
Martine Law PLLC provides family-law services under the Martine Law brand. Request a consultation about custody-change forms, supporting facts, or a response to a pending motion.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Minnesota law, not legal advice for your particular case.
For an overview of the law and how we help, see our Minnesota child custody and parenting time page.
