Legal Question in Family Law in Minnesota

Re: Change of Custody based on emotional abuse and neglect

Under the statute, you need something physical for an order for protection. There is a harassment statute which might apply, but I have a feeling you won't get far with that either.

Your question doen't detail what the emotional abuse is, how long it's been going on, or how your X got the joint custody arrangement when he is so abusive. My gut feeling in reading your question is that the changes you seek will be very difficult to get.

What you need to do if you are serious is seek the advice of a competent lawyer. You should not be trying to handle this yourself. You have to sit down with that lawyer and go though all the details and history. It will take time and money, but it's the only way.

Disclaimer: This response is for general information purposes only and does not create an attorney-client relationship. Facts and circumstances not included in the question can change the outcome altogether. You are advised to consult an attorney of your choice about the details of your case.

Re: Change of Custody based on emotional abuse and neglect

The burden of proof for changing custody in Minnesota is very high. You must demonstrate to the court that endangerment has occurred or is likely to occur. To do so, you will need more than a "he said" and "she said" set of facts. To prevail, independent evidence to demonstrate an endangerment effect is necessary such as: (1) increased truancy; (2) dropping grades (3) police reports or witness statements regarding abuse; (4) Notes or concerns from teachers or daycare providers; (5) medical or treatment reports from doctors of counselors.

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