Legal Question in Family Law in Minnesota

It takes a great deal to change custody. In general, you must demonstrate that the children are endangered physically, emotionally or physically under the present custody arrangement and that the benefit of a change outweighs any harm caused by the change. It is far more taxing than an initial custody determination.

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Whether a modification of custody is appropriate depends on a great many factors, and cannot properly be evaluated in this forum. That being said, this may provide some help:

First, a custody award cannot typically be modified within one year of the divorce, unless the child is endangered by the current custody arrangement. This is a very high threshold. The initial question is, therefore, when your divorce decree was entered. (I am presuming that you have not otherwise brought a motion to modify custody. If you did, and the court denied your motion on the merits, then you cannot return to court for a period of two years absent a showing of endangerment.)

Second, if your divorce was granted more than one year ago, then you need to examine the language of your decree. The general rule for modification of custody is as follows: custody can be modified if the children are endangered by the current award, or if the children have become integrated into your home with the other party's consent (that is, he has allowed them to stay with you continuously, despite the custody order), or if you and the other party agree to the modification of custody. Since it does not appear the other party will consent to the modification, and your question does not suggest the children are living with you, I presume you will be required to show endangerment, unless you and your former spouse agreed that custody could be modified upon a showing that it is in the "best interests" of the children to modify custody.

The decision whether to proceed with a modification of custody should never be taken lightly. Custody modification motions require very careful assessment of facts, and a carefully drafted, well conceived motion.

You may feel free to call if you have questions or concerns, or wish to evaluate your case in more detail.

Good luck.