Why Would A Court Modify A Child Custody Or Support Order?
In order for a custody order modification to be considered, there has to be a considerable change in circumstances. For example, if the custodial parent develops an alcohol problem and can’t properly care for the children, then this would be considered an endangerment issue that would trigger the court to adjudicate a change in custody.
In order for a support order to be modified, the person who is obligated to provide that support must have evidence of a substantial change in income or circumstances to the degree that the current support obligation is unreasonable and unfair. For example, if the person who is obligated to provide support loses their job or becomes disabled and incurs significant expenses, then the court would consider adjusting the support order.
What Is The Process To File A Petition To Modify A Visitation, Custody, Or Support Order In Minnesota?
Minnesota law requires parents to mediate or at least communicate directly about all issues regarding the children (e.g. visitation, custody) unless there is a history of domestic abuse or an order of protection in place. In general, the courts want parties to agree with one another, but if the court needs to make a decision, then it will.
The first step in the process of filing a petition to modify a visitation, custody, or support order in Minnesota is to notify the other parent of the desire for a modification. If there is already an order in place for parenting time and it has not been followed for one reason or another, then it becomes a matter of enforcing that previous order. If the parties cannot reach an agreement, then filing a motion will be required.
Can I Challenge Or Oppose A Court’s Decision to Modify A Child Support Or Visitation Order?
If one person brings a motion, the other party has the opportunity to file a responsive motion. Under these circumstances, the court would schedule a hearing, which the parties would be required to attend in order to assert objections; failure to attend the hearing after being properly notified and served would make it very difficult to challenge the motion. The courts want people to engage and be part of the process. If they choose not to, then there is not a lot the court can do.
Do I Need The Same Attorney Who Handled My Divorce To Handle A Modification Request, Or Can I Hire Your Firm?
It is not necessary to use the same attorney for both the divorce and modification request. Most orders state that 61 days after the entry of the judgment, the attorney will no longer be a part of the case. The courts will keep that attorney on the record, but the order will have effectively terminated representation. However, it is still important for the new attorney to speak to the previous attorney.
For more information on Modification Of Child Custody/Support Order, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (763) 284-5552 today.