Mom and daughter stretching in living room

How to Modify Custody Orders

Modifying child custody orders can be a complicated and emotional process. Whether you're seeking to modify a custody order due to a change in circumstances or you're facing resistance from the other parent, it's important to understand the legal process and your rights as a parent. In this guide, we'll walk you through the steps to modify custody orders in Minnesota and provide some tips for a successful outcome.

Step 1: Determine if a modification is necessary

Before you can modify a custody order, you must determine if a modification is necessary. Some common reasons for modification include a change in the child's needs, a change in the parent's living situation, or a change in the parent's work schedule. If you're unsure if a modification is necessary, it's important to consult with an experienced family law attorney.

Step 2: File a motion to modify

To modify a custody order in Minnesota, you must file a motion to modify with the court that issued the original order. The motion should include a detailed explanation of why the modification is necessary and any supporting evidence, such as medical records or witness statements. It's important to work with an attorney to ensure that your motion is properly prepared and filed.

Step 3: Attend a hearing

Once your motion is filed, you will be required to attend a hearing. At the hearing, the judge will review your motion and any evidence presented and make a decision on whether to modify the custody order. It's important to be prepared for the hearing and to have a strong argument for why the modification is necessary.

Tips for a successful outcome

  • Work with an experienced family law attorney who can guide you through the process and help you prepare a strong case.
  • Be proactive in addressing any issues that may arise, such as changes in the child's needs or the other parent's behavior.
  • Keep detailed records of any communication or interactions with the other parent, as this can be helpful in demonstrating why a modification is necessary.
  • Be open to negotiation and compromise, as this can help you reach a resolution without the need for a court hearing.

Speak with a Family Law Attorney

If you're facing a custody modification in Minnesota, the attorneys at Mack & Santana Law Offices, P.C. can help. We have extensive experience in family law and can provide the guidance and support you need to achieve a successful outcome. Contact us today to schedule a consultation.