Legal Question in Family Law in Minnesota
child custody
My husband and his ex have joint custody. Children are 14 and 16(as of jan 9) and the children recently came back from moms and announced they wish to stay with dad permanently. They are fighting mom about returning and for now she has allowed them to stay. one child is autistic. what are the chances if going to court or mediation that dad would win. Can the autistic child have a say in it? He is adament he does not want to go to her home.
1 Answer from Attorneys
Re: child custody
The chances depend on many things including how the autism affects the child and the nature of the relationship between mom and the children. The bottom line is that in order to change custody, it must be demonstrated that the children are endangered by the current custodial situation either physically, emotionally or developmentally and that the benefit of the change in custody outweighs any harm caused by the change. the children's desires alone are insufficient. However, if there is significant conflict between the children and mom, it may rise to the level of endangerment.
Often the outcome of such cases is dependant upon how well you prepare your case, and present it. We can certainly assist you in that regard.
For a consultation call us or visit divorceprofessionals.com
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