Change can happen quickly in anyone’s life, whether it is marriage, divorce, remarriage, the addition of children, new jobs, or relocation. When you are divorced and share children, you and your ex-spouse must consider what is best for them in all decisions that are prompted by upcoming changes. As a skilled child custody attorney can explain, this can include modifying your child custody agreement, no matter how long it has been effective.
If you and your ex-spouse cannot agree on a plan, a judge will review the new circumstances and decide what works best for the children. To gain insight into how your changing circumstances will affect your future and how the court views them, consult a Mankato child custody modification lawyer from Kohlmeyer Hagen, Law Office Chtd. for help.
Child custody agreements are modified for several common reasons, including:
The final say for these changes is still with the family court judge, although a Mankato child custody modification attorney can guide parents toward the desired outcome for the children and family.
The court will explore a child’s physical custody, which includes where and with which parent the child will live. Legal custody grants parents the right to make important decisions about a child’s education, medical care, and even which hobbies the child participates in. These concepts are based on joint custody, in which both parents have shared responsibilities and obligations to care for their children. Sole custody allocates these responsibilities to one parent. Visitation may still be awarded after careful consideration by the court.
In Minnesota, relocating a child after a custody order is in place involves more than packing up, moving, and expecting the family left behind to understand. Failing to follow court rules can land a parent in contempt of court. The protocol demands consent from the non-custodial parent, who must be notified well in advance, including why the move is being made. A non-custodial parent who objects can file a motion that the move will compromise the child’s well-being, and the custodial parent can file one to compel the move if the other parent refuses.
When the court becomes involved, the judge will consider the pros and cons of the move as it might affect the child, what the child wants, if appropriate, and how the relationship with the non-custodial parent might be affected. The parent who plans to relocate shoulders the burden of proof that the move will enhance the child’s well-being. Kohlmeyer Hagen Law is one of the largest family law firms in Southern Minnesota, with decades of experience helping clients sort through Mankato child custody issues that are often contentious when one parent requests a modification.
Minnesota judges tasked with devising or approving a custody plan must evaluate what is in the child’s best interest. Minnesota Statute Section 518.17 lists some factors a court will consider when ensuring a child is raised in a nurturing relationship with both parents unless circumstances, such as abuse or other wrongdoing, prevent one parent from participating. The court assesses the parents’ willingness and ability by past action to provide for children and how well they will cooperate to raise them. A child’s needs can include physical, spiritual, emotional, educational, and medical.
When an original custody order no longer suits your situation, it can be modified if it serves the best interests of the child. Minnesota recognizes all sorts of circumstances that can warrant a change in a custody order.
Even if you and your ex agree on a new custody schedule, the courts must agree after careful review. To avoid stressful confrontations and ensure your child will thrive, a Mankato child custody modification lawyer can facilitate the process. Call our firm today to schedule a consultation meeting with one of our well-versed attorneys.
