Legal Question in Family Law in Minnesota

Re: Violations

Thank you for your question regarding your custody order. It appears to raise two basic issues: First, whether your former husband has violated the custody order, and if so, how you can enforce the order; and Second, whether it may be appropriate to modify the existing custody order. (You did not put the matter quite this way, but legally, this is how the issues would be stated.)

First, as to the terms of the order. If he has not complied with the order in some way (taken your daughter to court ordered speech therapy, provided visitation or parenting time, etc.), then your remedy is to bring a motion and enforce the order, possibly by requesting that he be found in contempt.

The real heart of your question is the second part, however, whether all of the changed circumstances you have described could support a modification of custody. The issue here is whether any of these things result in endangerment of your child. The fact that his circumstances have changed is not, alone, enough to interest the court. The law presumes that changes will occur -- second marriages will fail, the new girlfriend may leave, one or both of the parties may move or get a new job, the child may be moved to a different school. What matters is whether any of these changes, taken together or alone, create a circumstance in which the child is endangered, so that it is appropriate to modify custody.

A motion to modify custody, like a motion for contempt, is not something I would recommend you try without a lawyer. Among other things, a motion to modify custody cannot be brought within one year of the time of divorce, or within two years after there has been a modification of custody. If your custody order was entered within the last year, you could not request a modification. And if the last custody order was a modification, then you must wait two years -- unless there is evidence of some significant threat of harm to the child. Perhaps his emotional condition is sufficient, I don't know. That would require careful consideration.

Short of seeking to modify custody, however, you could request a change in parenting time (visitation). That may be reasonable to request, and does not require a showing of endangerment. This, too, should be reviewed with a lawyer.

If you have further questions you may contact me. My contact information is below.

Good luck, and again, thanks for your question.

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