In Minnesota, child visitation and child custody orders may be modified in some situations. Typically, these orders will be issued by a court when the parents of a child have legally separated, gotten a divorce, or are no longer in a relationship.
A child’s parents may be able to request a change or modification of their existing order for many different reasons, including, but not limited to:
- A parent needs or wants to move to a different state
- The custodial parent passed away
- One parent enters into active military service
- A parent thinks their child is in danger
- The custodial parent becomes incarcerated
- One parent is not following the terms of their order
- The size of a parent’s family changes
- One parent becomes disabled
In the State of Minnesota, similar to other states, visitation and custody orders may be modified when the parties are no longer able to follow its terms or if the terms of the order no longer work for their situation. If a parent has a valid reason for making a modification request, they should follow the requirements in Minnesota to petition the proper court.
To find out more about requesting a modification of an existing child custody or visitation order in Minnesota, a parent should schedule a legal consultation with a local attorney in Minnesota.
When Can You Modify a Custody or Visitation Order?
If a Minnesota parent has legal grounds to request a modification of their visitation or custody order, it can be done. When the parents have an arrangement that is working well for them and their child, a court may be hesitant to modify that order.
However, there are many different examples of grounds for asking for modifications, such as changes in the parent’s jobs or the child’s needs. Every court, including Minnesota courts, will follow the child’s best interest standard when making any child custody decisions, which includes modifications to child visitation or custody orders.
Other common examples of reasons for modifications include:
- One parent is not following the terms of the order
- Child abuse
- A parent has recovered from an issue
One parent is not following the terms of the order
Orders may be modified if one parent is not following them, such as by not participating in scheduled visits with their child. When this happens, the court may decide that it is not in the child’s best interests for that parent to have visitation rights anymore.
Child abuse
Child abuse is a serious allegation that may result in modification of a child visitation or custody order. Courts consider abuse situations to be an immediate danger to the well-being of the child.
Recovery from an issue
If a parent had an issue that prevented them from the visitation or custody they desired, such as substance abuse, and they have worked to recover, they can request a modification of their order. They will likely have to show proof, such as a completion certification from a rehabilitation program, in order to get increased rights.
How to File a Petition for Modification of Child Custody or Visitation Order
When a child’s parent wants to modify their current order, they will need to petition the proper court. When asking for a modification, the parent will likely have to provide the court with the following at minimum:
- Contact information for both parents
- The current custody order
- Information about the grounds for their modification request
The requesting parent may also have to pay a filing fee, which can vary by location. The petition may also have to include additional forms.
An individual can find out from a lawyer exactly what has to be submitted for their modification request. Once the court gets a modification request, it will likely hold a hearing where the parents can present their arguments and evidence for or against modifying the order.
After the parties attend the hearing, the court will deny or grant the modification request or modify the other in some other way based on the evidence presented.
Will Parents Have To Attend Mediation?
In some situations, the court may order the parties to attend family mediation to try and help them reach an agreement that meets their needs. Parents can also choose to attend family mediation on their own outside of court to try and save money and time on resolving their concerns.
A family negotiation will be conducted by a neutral third party, called a mediator, who helps facilitate discussions between parents to help them compromise on as many issues as they can. When parents can reach agreements on any issues or all of the issues, their attorney can put their agreement into writing and submit it for approval from the court.
How Long Does It Take To Get a Modification?
The length of time it will take a parent to get child custody modifications will depend on many different factors, such as:
- Whether the parents can work together to resolve their issues
- The complexity of the changes being requested, as the more complex the request, the more evidence and time that may be needed to evaluate that request
- The availability of time on the court’s calendar to schedule the hearing
It generally takes anywhere between several weeks to months to finalize a modification.
What Are Temporary Child Custody Modifications?
Modifications may be made to child custody or visitation orders that are temporary, or only last for a specific time period or short time period. Short-term modifications can help parents handle temporary issues that may arise, including:
- A parent being deployed in the military
- One parent having a health issue
- Health or safety concerns involving the child
- Incarceration of a parent
- A parent getting a new job or job schedule
- Financial difficulties
It is common for a date or an event to be in the short-term modification that outlines when the original terms of the order will apply again. If a case involves child abuse allegations, temporary orders can be used to remove a child from a home temporarily in order to investigate and resolve allegations of abuse.
Do I Need a Lawyer To Modify a Child Custody or Visitation Order?
If you are a parent in Minnesota who wants to ask for a modification of your current child visitation or custody order, you should reach out to a Minnesota child custody lawyer. Your lawyer will be able to help you throughout the whole process, including drafting and submitting your modification request while ensuring your parental rights remain protected.
If you are interested in trying to work out new terms for your child visitation or custody order, your lawyer can help you negotiate with your child’s other parent. This can save you time and money and make sure you end up with an agreement that works for your specific and unique situation.
You can use the lawyer matching services provided by LegalMatch to get in touch with attorneys in your area who can help you with your Minnesota modification request and who will represent you during hearings, negotiations, and mediation. Simply submit your concern on the LegalMatch website, and you will get messages from attorneys in your area in around 24 hours who are ready to help you with your Minnesota modification request.
