If there are changes in income or living arrangements and a party wishes to modify custody following the original order, child custody can be modified.
The adjustment of child custody depends on the following:
1) whether there has been a substantial change in circumstance since the issuance of the original order;
2) whether the modification would serve the best interest of the child;
3) whether the child’s environment is supportive or dangerous to their emotional and physical wellbeing;
4) whether the burden associated with the modification is outweighed by the benefit to the child.
The family court system in Minnesota usually uses a two-step procedure. First, the party that seeks to modify child custody is required to make a motion to the court. The court must accept as true the allegations that are raised in the motion papers and will then make a decision based on the evidence of the allegations. If you wish to make a motion for modification of child custody, an experienced family law attorney is necessary in order to cover all the legal aspects and succeed in coming to the best child custody agreement for both the parents and the children.
The Law Offices of Daniel J. Brazil can help you with this process. Please contact us for a free consultation at 612-874-6109.