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Changing parental custody after a divorce in Minnesota

Minnesota residents know that child custody can be one of the primary issues during any divorce case because where a child's residence is very important to everyone involved. Minnesota courts will always make their custody decision based on the best interests of the child. But sometimes life situations can change and a custodial parent may need to turn custody over to the non-custodial parent. So here a few reasons when a Minnesota court will consider approving a child custody change.

It is very hard to change child custody arrangements once they have been approved by a court. However, a court will consider this if the custodial parent's life situation has changed significantly. This kind of condition could include a significant change in the custodial parent's financial situation which may have deteriorated to the point that they can no longer properly provide for their child. The other situation that a court will consider is if the child's emotional and physical well being is in danger because of the current custody arrangement.

A custody change can also be considered if the custodial parent is interfering with the parenting time of the other parent. However, this interference would have to be significant and this alone might not be enough for a court to change its decision. A court may also consider a custodial change if the custodial parent lets the child stay with the non-custodial parent much longer than the court order.

If the decision to change parental custody is mutual, then the parents can file a motion with the court to change custody. However, if the parents switch custody without informing the court, then the non-custodial parent is still responsible for paying support to the custodial parent even if he or she is now taking care of the child.

Changing child custody is a serious decision and it should not be made without thoughtful consideration. Any Minnesota resident who is considering changing their child custody order may want to speak to a child custody attorney in order to discuss all of the relevant implications.

Source: lawhelpmn.org, "Getting a divorce," Accessed Oct. 4, 2015

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