A Minnesota custody order usually includes a specific breakdown of parenting time and also guidance for sharing decision-making responsibilities. Parents sometimes work cooperatively to establish a custody arrangement that reflects the unique needs of their children and their schedules. Other times, they can’t agree, so they ask a judge to establish the custody order.
A custody order carries the authority of the Minnesota family courts, which means that parents must follow the terms of the custody order to the best of their abilities. However, they may eventually come to realize that the current custody arrangements do not work well for the family.
When is it possible to formally modify a Minnesota custody order?
When the parents agree on the changes
Co-parents in Minnesota always have the option of pursuing an uncontested custody modification through mutual cooperation. The courts can review and approve agreed custody modifications at any point that the parents believe it is necessary to change their arrangement.
When sufficient time has passed
The term vexatious litigation refers to the use of the court system as a means to punish or intimidate another person. Sometimes, one parent repeatedly drags the other back into court to waste their money and cause them stress. Minnesota imposes limitations on requests for custody modifications to prevent abuses of the family law system.
Generally speaking, parents have to wait at least one year after the creation of an initial custody order to request a contested modification that does not involve mutual agreement. If there has been a prior contested modification, the parents have to wait two years after that modification to request another hearing to change their custody arrangements.
When one parent doesn’t prioritize the children
There are important exceptions to the waiting periods imposed in family law statutes. In cases where one parent has interfered in the parental rights and custodial access of the other, the parent denied time with their children does not have to wait one or two years to take action. They have to document the attempts at interference or alienation but can take legal action promptly to protect their relationship with the children.
In scenarios where one parent has neglected or abused the children, there is no requirement to wait a set amount of time to modify the custody order. A concerned parent can take immediate action to protect their children from an unsafe environment if they have adequate evidence. Ultimately, understanding the rules for child custody matters in Minnesota can help parents protect that which matters most to them.