Anoka Divorce Lawyer & Attorney
There are some cases in Minnesota where a parent may need to have physical custody modified. This is something that must be done by the court rather than the parents taking on the task themselves. The court has very strict rules about when custody can be modified and when it can’t be.
If you need to submit a request to have custody modified, the help of an experienced Anoka family law attorney can ensure the process is carried out properly and that it moves as smoothly as possible.
Helping You Understand Custody Modification
In many cases, a parent is not able to ask the court for custody modification within a year of the original custody order. There are, however, exceptions to the rule. The court will move forward with hearing your petition for modification if any of the following exists:
- You and the other parent agreed to modify the order before the one year was up
- One of the parents has been interfering or denying with the other parent’s parenting time
- The child is in physical or emotional danger
After the court hears the request to modify the order and, regardless of whether or not they allow the modification, you are not able to ask the court for another modification within two years of this request unless you can show that any of the above three circumstances apply to your case.
Straightforward & Honest Advice
When a parent has primary custody of the child, the court does not consider custody modification because it is preferred that the primary residence of the child not change. However, the primary residence of the child can be charged if the court finds that there are circumstances that make modification an action that is in the best interest of the child. If the court does find that a change would benefit the child, it can only modify custody if any of the following exist:
- Both parents agree to modification
- The child has integrated into the family of the non-custodial parent and the custodial parent has agreed to this
- The child is in emotional or physical danger and the harm of modification is outweighed by the benefits
- The custodial parent requested to move the child out of Minnesota and the court denied the request, but the parent had to move away anyway
You and your Anoka family attorney will work together to determine what should be done based on the unique factors within your case. Whether you are modifying primary or joint custody, there are guidelines that need to be followed and it is always important to do what is in the best interest of the child.