Legal Question in Family Law in Minnesota

Re: Change of custody

There is no "Magic" age at which the courts start looking at the wishes of the child with regards to custody. Any child may express a preference if they are of sufficient maturity. A mature twelve year old could certainly have some input, often through a custody evaluation.

Sounds like there already is a decree granting custody to the other parent. In this instance, in order to get a case rolling, a person must present at a motion hearing sufficient information, that if it were proven true, would prove that the child is endangered emotionally or physically due to a change of circumstances since the original decree and that the child's best interests would be served by a change of custody and that the harm caused by a change of custody would be outweighed by the advantages of the new situation. You need specific details, including perhaps, a psychologist's report on the child.

After a motion hearing, the court may order a custody investigation and an evidentiary hearing.

This information is provided based upon what you wrote and what I was able to extrapolate from your question. Legal situations are complex and nothing can replace a face to face meeting. Almost all legal matters have deadlines and substantial harm may come to your legal situation if you wait too long before seeking competant legal assistance. Good Luck!

Shaun Jamison

Shaun G. Jamison Attorney at Law

5637 Brooklyn Blvd. Ste 200