What is in the best interests of your children? That is the question asked in all child custody proceedings in Minnesota. Child custody proceedings can be part of a divorce process if minor children are involved, or could be a separate court proceeding altogether if the two parents are not married. Which parent receives custody of the minor child or children is determined based on the “best interests of the child(ren)” and is something many parents spend much time and effort negotiating.

Modifying Child Custody

Once child custody is established in Minnesota (both legal custody and physical custody), it can be difficult to modify it. The standard necessary to modify custody is something more than just “the best interests of the children,” which is the standard applied to initially establish child custody in Minnesota. To modify either legal custody or physical custody, the Minnesota Courts apply an “endangerment standard.” Specifically, in order to modify child custody, it must be proved that the minor child or children are endangered either physically, emotionally, or their emotional development is endangered while with the other parent.

Process for Modifying Child Custody

The process for modifying child custody in Minnesota requires the initiating parent to bring a post-decree motion. At the motion hearing, the parent must establish prima facie evidence that the children are endangered as described above. If the Court agrees that you have met your burden of proof at the motion hearing, the Court will then schedule the modification of child custody matter for an evidentiary hearing to take testimony from the parents and any other witnesses, and to receive exhibits to facilitate the Court's determination as to whether child custody should be modified.

Change of Custody Based on Integration

 Child custody can also be modified based on the theory of “integration.” What this means is that if the children move in with (change residence to) the other parent (the non-custodial parent) with the custodial parent's consent for a long enough period of time, then it may be determined that the children were “integrated” into that household. The consent of the custodial parent does not need to be actual expressed consent; the mere fact that the custodial parent did nothing after the child moved in with the other parent, may be sufficient “consent” under the theory of integration.

Stipulated Agreements to Modify Custody

The parents are also allowed to modify child custody based on a stipulated agreement. Therefore, if the parties agree to modify custody, they would just need to incorporate that agreement into a stipulation and order, sign it and submit it the Court for a Judge to sign.