Legal Question in Family Law in Minnesota
My son has divorced--they have a 2 &1/2 yr.old boy,The mother has lived in the same town as the father --now she moved 73 miles away.My son wants to see a lawyer for 50-50 custody.Is it hard to get? Should he see a lawyer 1st. and not say anything to her that he wants this? She will not give up the support check,so we know she'll fight it.Thank you so much for any advice. Nancy
1 Answer from Attorneys
You say that your son has divorced the mother. That implies that the court , as part of its court order, made a determination of custody and parenting time. As a result, the standard for changing custody is very high and would require a showing that the child is "endangered" in the current custodial environment and that the benefit of the change in custody outweighs the harm. The relocation that you note would not, alone, support a motion for a change of custody.
For Minnesota custody issues call 612.240.8005
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