Fill and Sign the Mn Custody Order Form

MODIFYING A CUSTODY ORDER/OBTAINING A CHANGE IN CUSTODY INTRODUCTION Once a court has made a final determination about the custody arrangements of minor children whose parents are obtaining a legal separation or dissolving their marriage, the court is very, very reluctant to change the custody order. There is a widely held belief in the law that it is not good for the child(ren) to frequently or lightly change their living arrangements. Consequently, the court cannot change a custody order except under the conditions set out below. GENERAL RULE #1: The One Year Rule In instances where the court has issued an order concerning custody and the order was made as part of a dissolution (divorce) decree or as part of a decree granting legal separation, no request (motion) to change the custody arrangement can be made to the court for at least one year after the decree was handed down. EXCEPTIONS TO GENERAL RULE #1: First Exception : A request (motion) for change of custody can be made to the court less than one year from the time the court handed down the decree of dissolution or separation if the parties have agreed in writing to a shorter period of time. (This very seldom happens.) Second Exception : The court will hear a request (motion) for change of custody made less than one year from the date of filing of the decree of dissolution or separation if there has been persistent or willful denial or interference with visitation. Third Exception : The court will hear a request (motion) for change of custody made less than one year from the date of the filing of the decree of dissolution or separation if there is reason to believe that the present living arrangement will endanger the physical or emotional health of the child or impair the child's emotional development. GENERAL RULE #2: The Two Year Rule If the court has already heard a request (motion) for change of custody, regardless of whether or not the requested change was granted, no further requests for change of custody can be made for at least two years after the date that the court made its decision about that request. EXCEPTIONS TO GENERAL RULE #2 The same exceptions that apply to General Rule #1 apply to General Rule #2. THE ONLY ACCEPTABLE REASONS FOR SEEKING A CHANGE IN CUSTODY - 1 - SUBSTANTIAL CHANGE IN CIRCUMSTANCES : The court will not consider changing custody except where it is shown that: 1. a serious change in the circumstances of the child(ren) or the custodian has taken place since the custody decision was made, or 2. facts exist which were not known at the time of the custody decision that would make a change in the custody arrangement serve the best interests of the child(ren). AGREEMENT OF THE CUSTODIAN : The court will not modify an existing custody order unless: 1. the custodian agrees to the change, or 2. the child has been integrated into the family of the person seeking the change of custody and that integration has taken place with the consent of the custodian. ENDANGERMENT : In most cases where a modification of a custody order is sought, there is little agreement between the child's custodian and the person seeking a change in custody. In those cases the person who seeks the change of custody must show not only that there has been a substantial change in the circumstances of the child or the custodian since the last request for a change of custody, but that the change in circumstances endangers the child's physical or emotional development. The person seeking the change must further prove that the harm likely to be caused by the change of environment is outweighed by the advantage of the change. THE ROLE OF THE LAWYER AND OTHER EXPERTS The Lawyer : The court must thoroughly review what has taken place in the past. This usually requires a substantial time commitment. It will be necessary for the lawyer to review all documents associated with the case and interview you and others who may have information about changes that have taken place that are endangering the child. Other Experts : It will usually be necessary to retain other experts, physicians, psychiatrists, and/or psychologists who can use their expertise to give the court the information it needs about endangerment to allow the court to make a decision. Preparation of your case will involve many hours of work by both the lawyer and other experts who must evaluate the best possible way in which to effectively present your case to the court. Most of this work is done outside the courtroom. In fact, it is not unusual for a lawyer to spend twenty or thirty hours or more working on a case before any court appearance takes place. 2