Custody and support issues can arise after a Minnesota divorce is complete. Although you might think everything is fine, there may be problems with the practicality of the original orders. After all, situations and circumstances can and do change.
To prevent continuing custody and support battles, the Minnesota courts only consider modifying these orders under a few circumstances.
Child endangerment
The State of Minnesota takes a child’s emotional, mental and physical help very seriously. If you or your ex-spouse endangers a child, it is grounds for modification. They will grant a modification if it is in the best interest of the child or children. This is part of the “endangerment standard.”
Change in circumstance
Another reason for modifying your parenting plan or custody arraignment is a substantial change in circumstances. For instance, if a custodial parent loses their employment or place to live, a modification may happen to provide for the child.
The best interest of the child or children
If the modification does not change the child’s permanent residence and is in the child’s best interest, the court might grant the modification. The key here is the best interest of the child. Courts call this the “best interest standard.”
The benefits outweigh the detriments
One of the other reasons for modification is that the benefits to a child outweigh the detriments. A few of the factors the courts take into consideration are:
- Availability of good schools
- Ages of the children
- Extracurricular activities
- Distance between the two parties
Sometimes, the child’s wishes are part of the modification process.
Regardless of the reasons for the modification, the courts will look at the whole picture before deciding if a modification is necessary.
