Legal Question in Family Law in Minnesota

Re: Custody modification

You may wish to isit us at The Beaulier Law Office at http://www.divorceprofessionals.com

Under current law, a child cannot make the decision where they will live at any age.

In order to change physical custody, you must demonstrate that the current custodial situation "endangers" the minor child emotionally, physically or developmentally and that the benefits of the change outweigh any harm.

Often, courts may find that a prima facie case of endangerment has been made if the child threatens to run away,or feuds with a parent to the point that his/her grades are affected. To prove these facts, independent evidence, such as report cards, are needed. Once you have made a prima facie case of endangerment, the Court will weigh thirteen factor set out in Minnesota Statutes for determining custody. The child's preference is only one of those factors.

You may review the statute on changing custody at http://www.revisor.leg.state.mn.us/stats/518/18.html

Maury D. Beaulier

Attorney at Law

The Beaulier Law Offices