Three Reasons For Modification of Child Custody In Minnesota
By Agreement
When both parents agree the existing child custody arrangement no longer reflects current circumstances, they may reach agreement in a Stipulation submitted to the court for review. Parents may choose to update child custody issues through Alternative Dispute Resolution such as mediation and then put agreements into a stipulation for the court’s consideration. Minnesota courts generally honor stipulated child custody modifications when:
The agreement is voluntary and reduced to writing in the form of a Stipulation,
Both parties agree the modification of child custody is in the best interests of the child,
The agreement was not reached under duress or coercion, and the court determines the proposed modification is appropriate.
Modification of child custody by agreement is the most efficient and least expensive path to update a child custody order that the parents determine is no longer functional.
Modification by Integration
Integration occurs when the child moves into the non-custodial parent’s home by agreement of the parents.
Modification by Endangerment
Endangerment gives rise to immediate need for modification of child custody on an emergency basis.
If a child is subject to physical, emotional, or psychological endangerment, the court may grant a modification of child custody and parenting time in protection of the minor child. Modification under this method is often the most urgent and complicated. The requesting parent must demonstrate:
A substantial change in circumstances since the latest child custody order,
That the child’s current environment endangers their physical or emotional health and well-being, and
That the benefits of the proposed modification outweigh any potential harm to the minor child caused by the change in relationship.
Common examples include:
Domestic violence abuse on the child,
Exposure to domestic violence, substance abuse, or child neglect,
Minor child’s substance abuse or significant mental health if left untreated by a parent,
Significant mental health concerns affecting a parent’s ability to care for a child, or
Repeated intentional obstruction or violations of court-ordered parenting time of the other parent.