Legal Question in Family Law in Minnesota

Eighteen and out of high school. A child subject to a custody order does not get to decide where he wants to live. If the child is old enough a judge may consider the child's wishes, but it would only be one of numerous factors in determining what is in his best interest.

A minor child may never decide where they will live. In order to change custody, a parent must allege that the child is endangered in their current environment and that the benefit of the change outweighs any harm caused by the change. If the child is old enough, the court may give greater weight to their preference once the threshhold of endangerment has been met.

Endangerment may occur where there is conflict in the custodial parent's household with the child and/or where the child threatens to run away an/or their grades suffer.

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