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Family Law

MODIFICATION OF CHILD CUSTODY AND PARENTING TIME

Life must go on after parents split up. Changes in your employment, personal life or economic circumstances can occasionally require you to change the parenting time or custody arrangement of your children. It is ideal when each parent works together on a new parenting solution. Unfortunately, that is sometimes not the case. For anyone considering a modification of child custody or parenting time, it is important to make sure you have a trusted family lawyer on your side. Your lawyer can explain how changes in child custody and parenting time are handled in Minnesota. Whether you are pursuing full custody, joint custody, or modifying your parenting time, at Steele Law PLLC family attorney Minneapolis Heidi Viesturs will walk you through the modification process, let you know how to take the necessary steps to maximize the chances of a successful modification.

THE RULES FOR MODIFYING CUSTODY IN MINNESOTA

Minnesota’s time restrictions. When can custody be modified? The statutes on Family law Minneapolis regarding modification are meant to prevent the courts from being clogged with modification petitions and to encourage consistency of family structure. Minnesota has set up the following timeline restrictions on when a parent may petition for a change in custody:

  • One year — A parent must wait one year from the entry of the judgement dissolving the marriage before a custody order can be modified. There is an exception when the child may be endangered or one parent has intentionally denied custody to the other parent.
  • Two years — If a petition to modify custody has previously been made, a parent must wait two years before filing another petition unless the other parent agrees to the modification.

DO NOT RELY ON AN INFORMAL CHANGE OF CUSTODY OR PARENTING TIME ARRANGEMENT

Parents sometimes try to avoid the costs of going to court by instead agreeing to informally change the custody or parenting time arrangement. While this may work for parents in the short term, it will be problematic if there is a dispute between the parents. It is smart to talk to a family attorney Minneapolis to learn more about your case.

If changes of custody or parenting time are not adjusted by the court formally, a parent can allege the other parent is in violation of the parenting time agreement and is denying custodial rights. In addition, child support may be affected by the modification.

Do not take chances. Make sure you use a lawyer to formalize any changes in custody or parenting time you have agreed to. You should always have any changes to custody or parenting time submitted to the court. The modest cost now will likely save you thousands down the road.

Schedule an appointment to talk with Heidi about your options for modifying your custody or parenting time. Call our office to schedule a meeting with a family law attorney Minneapolis today at (612) 605 0722 or send us an email and tell us about your circumstances.

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