Legal Question in Family Law in Minnesota

Re: Custody

I am afraid that it is difficult to assess a custody case without a full analysis of the facts. In order to change custody, you must demonstrate that the child is endangered physically, emotionally or developmemtally in the current custodial situation and the benefits of the change outweigh the harm.

Certainly, alcohol abuse may have an impact on parenting. However, you have some evidence that the alcohol is something new since the last order and that it negatively impacts the child. Having DWI's alone is unlikely sufficient. Moreover, you must be prepared to respond the question as to how parenting time is somehow less dangerous than sharing custody. In either case, the parent is caring for the child.

You may have basis for acustody change, but it would require ferreting out more facts and more evidence.

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