Legal Question in Family Law in Minnesota

Re: Divorce and child custody

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Custody may be changed if you can show that they are endangered or that the children have been integrated into your home with the other parent's permission AND the benefit of the change outweighs any harm.

To commence a custody action, you must file a motion and supporting affidavits with the Court and serve the other party. The information that you include in your paperwork is critical in establishing custody. If improper or irrelevant information is included, you may not prevail and teh Court may even award attorney's fees to the other party.

Custody battles can become rather expensive and you can expect to pay a retainer of $2,000 to an attorney. However, if you prevail, you would receive child support from the other party rather than paying it.

There are forms for a change of custody available in Hennepin county at a low cost. the forms are rather limited and do not allow you to include a great deal of information. Hennepin County also has a Law Access Project - a clinic that will help you fill out the forms with the help and advice of a lawyer.

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