Child custody and parenting time orders in Minnesota are binding, but they are not set in stone. Life brings changes, and there are some situations where a modification may be necessary. You might need to relocate for work. Your child may have different needs as they grow older. You and your co-parent may have both decided that a change in living arrangements or schedule would be better for your child.
Whatever the reason, it’s important to know the specific requirements and details involved in filing for a custody modification. Here’s what you should know about the process.
You need to follow strict timeframes and deadlines
In Minnesota, you may need to wait a certain period of time before you can request a custody modification. If this is the first request after the original custody order, you usually need to wait one full year before filing a motion for modification.
If you have already filed a modification request before, then you may need to wait two years before submitting another motion. This applies regardless of the outcome of your earlier request.
There are exceptions to the waiting period
While courts strictly follow the timeframes discussed above, they also recognize that some situations can’t wait that long. They may hear a modification request earlier if the case involves one parent consistently and deliberately interfering with the other’s parenting time. The court may also act quickly if there’s reason to believe that the child’s current living situation puts their physical or emotional health at risk.
You must have a good reason for the request
Courts will not change custody orders without good reason. They will only consider a modification if:
- Significant changes have happened since your last court order
- The changes you want would make life better for your child
- Your current arrangement isn’t working well for your child’s health or happiness
- You and your child’s other parent both agree on the proposed changes
Courts try to keep custody arrangements the same when they can. However, they also understand that families change over time. The court will review requests to modify custody orders when major changes affect your family, such as job relocations, new school situations or different living arrangements.
Remember that the modification process involves several legal requirements and considerations. An attorney can help you better prepare for the process and make informed decisions about your family’s future.
