Legal Question in Family Law in Minnesota

Re: Costs involved in change of custody hearing

It is very difficult to assess the costs associated with such a motion. There will almost certainly be a motion filing fee. The Court might appoint a guardian ad litem or order a custody evaluation, and there are fees associated with both. If there is an appeal of the court order, there will be additional filing fees, copying costs, and the fee for the transcript.

You may qualify for a court order waiving these fees if your income is low enough or you receive public assistance.

Ultimately, the largest cost associated with bringing the motion will be your attorney fees. These fees vary widely and cannot be estimated without a great deal more information.

To change custody, you will need to file a motion for change of custody. There are very limited instances in which a court will change custody. If the Court finds that you have given legally sufficient reasons for the change of custody, the court may (or may not) order the appointment of a guardian ad litem or the completion of a custody evaluation. The Court may also refer the parties to mediation.

If the matter cannot be resolved, the Court will probably schedule an evidentiary hearing on the motion.

If the matter proceeds to an evidentiary hearing, the children's preferences will be considered as part of the court's decision, but will not be the only factor in its decision.

Re: Costs involved in change of custody hearing

The custody modification process has two steps. First, you must make an initial presentation to the court to sway the court to set the matter on for an evidentiary hearing. Then, you must proceed with the evidentiary hearing and establish to the court's satisfaction that the custody modification is warranted. So the first hearing involves just your (or your attorney's) argument for the change of custody, and the second hearing involves witnesses, testimony, etc.

The costs of custody modifications typically include filing fees between $50 and $100, neutral fees (such as a custody evaluator or guardian ad litem) of $500 to $3,000 and, if you have an attorney, a retainer fee would typically be $5,000 to $10,000.

Please feel free to email me at my website www.divorcelawyermn.com or directly at [email protected] to discuss this further.

Re: Costs involved in change of custody hearing

You would need to make a motion to the court for the requested modification. The motion would be based upon your affidavit and any secondary information that can be provided about the children. Children should not prepare affidavits.

If the judge is satisfied that the affidavits present a good case, he or she will order an evidentiary hearing (a hearing with live testimony) .

The entire process can take between 6 months to a year, unless the parties can settle it without a trial.

The older the child, the more likely the child's request will be honored by a judge. However, it is not automatic. Some children are more mature than others.

My best advice is to consult with an attorney.

Herbert C. Kroon

Attorney at Law