Legal Question in Family Law in Minnesota

In post-decree child custody cases, there are two main types of jurisdiction. The first is jurisdiction to enforce a child custody or parenting time determination. The second is jurisdiction to modify an existing child custody or parenting time determination.

If you are only seeking to have the child custody or parenting time order recognized and enforced in Minnesota, you can have the most recent custody and/or parenting time determination registered in the state of Minnesota by following the registration process under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). The registration process is relatively simple and can be accomplished by sending the following documents to the appropriate court in Minnesota (in the county where you reside):

1. a letter or other document requesting registration;

2. two copies, including one certified, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the party the order has not been modified; and

3. the name and address of the person seeking registration and any parent or person acting as parent who has been awarded custody or visitation (unless disclosure of an address would jeopardize the health, safety or liberty of the party or child).

A party wishing to challenge the registration has twenty (20) days to do so on the grounds that the issuing court lacked jurisdiction, the challenging party lacked notice and opportunity to be heard at the proceeding which resulted in the order, or the determination has been vacated, stayed or modified.

Once the registration process is complete, the registered determination is entitled to all enforcement remedies available under the law of this state. An additional advantage of early registration is that in theory, there will be a judicial assignment in the matter to expedite any subsequent proceedings, which may arise in this state. However, registration alone does not confer modification jurisdiction on this state.

If you wish to have Minnesota exercise jurisdiction to modify child custody or parenting time after the most recent determination has been registered in Minnesota, based upon the facts you presented, Minnesota will have modification jurisdiction as the home state of the children. California and MI would have lost jurisdiction to modify since neither parent nor the children reside there. If there are no other pending proceedings, you may file a motion in Minnesota to modify the existing custody determination.

In general, questions of child custody jurisdiction are complex. Additional facts not referenced in your question may impact, which state has child custody jurisdiction. If you wish for Minnesota to modify child custody or parenting time, a more detailed analysis of jurisdictional issues is strongly recommended.