Motion to Modify Custody
If a party wishes to modify custody following entry of the original order, the court will employ a four-step analysis: (1) determination of whether there has been a substantial change in circumstance since the issuance of the original order; (2) determination of whether the modification would serve the best interest of the child; (3) determination of whether the child has intergrated into the home of the non-custodial parent (with the consent of the other parent) or whether the child’s present environment endangers their physical or emotional well-being; and (4) determination of whether the burden associated with the modification is outweighed by the benefit to the child. If you wish to modify custody, our Minnesota custody modification lawyers can help.
Procedurally, the court will utilize a two-step process. First, the party seeking to modify custody must make a motion to the court. The court must accept as true the allegations raised in the motion papers, which include sworn affidavits. Then, if a primae facie showing of integration, or endangerment, is made, the court will set the matter for an evidentiary hearing. If no primae facie case is made, the court will deny the motion.
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