Legal Question in Family Law in Minnesota

Perhaps. Initial custody determinations are based on what a court believes may be in the best interests of the child. Modifications, in custody, however, have more taxing requirements. To change custody a person must demonstrate that he child is endangered in the current custody arrangement and that the benefit of any change outweighs the harm caused by the change.

As a result, if the time you have to care for the child is restricted, it is likely that a court would view it in the best interests of the child to be with the other parent during those time periods. Moreover, being in the reserves means that there is a significant risk that you could be called up to active duty. Although that does not preclude you from gaining primary custody, it may be a factor a court considers.

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