Legal Question in Family Law in Minnesota

Re: being sued for change of custody

I would have to see the court papers that came out of the hearing you described, but if you truly were awarded custody, he will have a heavy burden to prove why that should be changed. We offer a free initial consultation. Please contact me if you would like to discuss this matter further.

Re: being sued for change of custody

Thank you for contacting The Beaulier Law Office at http://www.divorceprofessionals.com

In order to change physical custody, you must demonstrate that the current custodial situation "endangers" the minor child emotionally, physically or developmentally and that the benefits of the change outweigh any harm. Custody may also be changed if the child is integrated into the non-custodial parent's home with the other parent's consent.

Often, courts may find that a prima facie case of endangerment has been made if the child threatens to run away,or feuds with a parent to the point that his/her grades are affected. To prove these facts, independent evidence, such as report cards, are needed. Once you have made a prima facie case of endangerment, the Court will weigh thirteen factor set out in Minnesota Statutes for determining custody. The child's preference is only one of those factors.

If you do not have a basis to change custody, you may seek a more liberal and reasonable visitation schedule.

You may review the statute on changing custody at http://www.revisor.leg.state.mn.us/stats/518/18.html