Legal Question in Family Law in Minnesota

custody change in MN

I have joint legal custody of my 10yr old child with my ex girlfriend who has physical custody. My ex is not giving our child the support he needs emotionally, academically and physically. I have been taking our son to a therapist for the last year; this therapist has told us we should file for custody. We have repeatedly asked child's mom to participate in therapy she has never showed up. My son's teacher told me at the p/t conferences (which his mother did not show up to and later rescheduled and did not show up again) that our son is in the lower 20% of 5th grade reading and math. He also consistently has no lunch money, incomplete assignments or no assignment to turn in at all. I have always been concerned for my son's well being b/c he says he is picked on constantly by his stepdad--called a pig at the dinner table, told he is a wimp, is fat etc. What can I do to file for custody? It was a terrible experience for my immediate family and my son just to fight for legal custody and get the parenting time I already have. Is this grounds to file abuse? I am concerned there are agoing to be lifelong emotional and academic issues with my child. Please advise!


Asked on 11/02/08, 10:04 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: custody change in MN

Thank you for the post.

Minnesota has one of the most difficult standards in the nation for modifying custody. In most instances, you must demonstrate that the child is endagered physicall, emotionally or developmentally and that the benefit of the change outweighs the harm.

Alleging that the other parent is not giving the child adequate support would be insufficient without some independent evidence. Critical evidence may be school records, reports, statements form teachers or counselors. Certainly a therapist's opinion can be critical in support of such a motion.

Once you are equipped with proper evidence, you would file a Motion to modify custody. At the first hearing, the Judge will determine whether you made a thresshold showing for a change of custody and then, if you meet that threshhold, he may appoint a custody evaluator and set the matter for an evidentiary hearing (a trial).

For consultation call 612.240.8005 or visit divorceprofessionals.com

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Answered on 11/02/08, 11:01 pm


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