Legal Question in Family Law in Minnesota

I have been trying to talk to my ex wife about going to mediation regarding modifying custody. We currently have joint physical and legal custody, and we have our 4 year old son on a week on week off basis. Upon talking to her about this, she tried to make me pay for daycare (eventually I did) and then went to court to modify support due to her inablilty to work. She stated in court she cannot work due to mental health. The magistrate stated she had 10 days to provide proof. The proof was in the form of a Request For Medical Opinion. The form lists she has Major Depression, recurrent (Bi-Polar) and states the patient will not be able to perform any employment for the forseable future, and lists she has mental illness and chemical dependancy.

I have been documenting her actions for the last year or so, including her going to the hospital, her bf attempting suicide while he was at the home, and her job loss, kicked out of parents home, her poor decision making and not discussing things concerning our son with me, we do not talk at all, including in observation child therapy for our son where we are working on making these dramatic changes in his life easier for him to handle and make things similar in each home.

Can the paperwork she provided (Request for Medical Opinion) be considered for making a change in support, and more importantly is there a chance this could allow me an easier opportunity to obtain Child Custody?


Asked on 9/24/12, 4:14 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

How does the disability affect her parenting? Os the child endangered? Those are the critical questions with regard to any motion to change custody.

Once custody has been established, it is very difficult change. The standard of review is elevated and it requires a showing that the child is endangered either physically emotionally, or developmentally AND the benefit of the change outweighs any harm caused by the change. This is obviously a steep burden and, as a result, careful preparatin is required before filing such a motion or responding to such a motion. You must consult with legal counsel.

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Answered on 9/25/12, 10:49 am


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