Short answer: Custody modification in Minnesota is possible, but the bar is high. To change who your child mainly lives with, you usually must wait one year after the decree and show a real change in circumstances. In most cases you also must show that the child’s current home endangers them. Changing the parenting time schedule is easier, because the court looks at the child’s best interests.
Life changes after a divorce or custody order. Parents move, take new jobs, remarry, or find that a schedule no longer fits a growing child. Sometimes one parent stops following the order. When that happens, you may wonder whether you can go back to court and change it.
You can. However, custody modification in Minnesota follows different rules depending on what you want to change. This page explains the main rules, so you know what to expect before you file anything.
Custody modification in Minnesota: what kind of change do you want?
The first question is what you want to change. Minnesota law separates custody changes into three groups:
- A change in custody or the child’s primary residence. This means changing who has physical custody, or where the child mainly lives. It has the strictest rules.
- A change in the parenting time schedule. This means adjusting which days or holidays the child spends with each parent, without changing the child’s main home.
- A change in decision-making (legal custody) terms. This covers how parents make major decisions about school, health care, and religion.
Each type has its own standard, explained below.
Custody modification in Minnesota: changing where the child lives
Minnesota courts value stability for children. For that reason, the law starts with a strong presumption that the current custody arrangement should stay in place. You can find the rules in Minnesota Statutes, section 518.18.
The waiting periods
Unless both parents agree in writing, you generally can’t seek a custody modification in Minnesota within one year after the decree. And if a custody motion has already been decided, you usually must wait two years before filing another one.
There are two important exceptions. The court can hear a motion sooner if:
- the other parent has persistently and willfully denied or interfered with parenting time, or
- there is reason to believe the child’s current environment may endanger their physical or emotional health or impair their emotional development.
What a custody modification in Minnesota requires
After the waiting period, the court still won’t change custody just because it would be a little better for the child. First, the court must find that circumstances have changed since the last order, or that important facts were unknown at the time. Then it must find that the change is necessary for the child’s best interests.
In addition, one of these must also be true:
- Both parents agree to the change.
- The parents previously agreed in writing, approved by the court, to use the best-interests standard for future changes.
- The child has been living with the parent who wants custody, with the other parent’s consent (often called “integration”).
- The child’s present environment endangers their physical or emotional health or emotional development, and the benefits of a change outweigh the harm of moving the child.
- The court denied the custodial parent’s request to move the child to another state, and that parent moved anyway.
In practice, most contested custody modification cases in Minnesota turn on the endangerment question. Endangerment means a significant risk of harm to the child, not just a disagreement about parenting style. Judges expect specific facts, not general concerns.
Changing the parenting time schedule
Parenting time changes are usually easier than a full custody modification in Minnesota. Under Minnesota Statutes, section 518.175, the court will change the schedule if the change serves the child’s best interests and doesn’t change the child’s primary residence. The child’s changing developmental needs are part of that analysis.
For example, a schedule that worked for a toddler may not fit a teenager with school activities and a job. That kind of change is often a good reason to update the schedule.
Restricting the other parent’s time
Reducing or limiting the other parent’s time is treated as a “restriction.” A court can restrict parenting time only if it finds that:
- parenting time is likely to endanger the child’s physical or emotional health or impair their emotional development, or
- the parent has chronically and unreasonably failed to follow court-ordered parenting time.
On the other hand, a change that moves a parent’s share of time into the 45.1 to 54.9 percent range is not considered a restriction of the other parent’s time.
If a parent makes specific claims that the other parent’s time puts the child in danger, the court must hold a hearing as soon as possible.
When the other parent won’t follow the order
Sometimes the problem isn’t the order itself. Instead, the other parent keeps canceling, withholding, or interfering with your time.
Minnesota law requires each parent to follow the custody and parenting time order unless both agree otherwise in writing. When a parent intentionally makes a substantial amount of court-ordered time unavailable, the court must consider compensatory (make-up) time. If the interference is repeated and intentional, the court must also order make-up time and, if the parent can pay, costs and attorney fees. It can also impose a sanction of up to $500. In serious cases, it can even change custody under the section 518.18 procedures.
How changing custody affects child support
A change in custody or parenting time can also change child support. Minnesota’s child support formula considers how many overnights the child spends with each parent. So if your schedule changes significantly, it’s worth looking at support at the same time. See How Much Is Child Support? for more.
Common questions about custody modification in Minnesota
Can we change custody without going to court?
Parents can agree to a change in writing. However, a private agreement isn’t the same as a court order. To make the change enforceable, it’s usually best to have the agreement approved by the court.
Does my child get to decide?
A child’s reasonable preference is one factor among many, if the child is mature enough. It isn’t controlling at any age. Learn more in When Can a Child Decide Which Parent to Live With?
What if I want to move out of state with my child?
Moving a child’s residence to another state needs either the other parent’s consent or a court order. See Can I Move Out of the State With My Child?
What if my child is in danger right now?
If your child is in immediate danger, call 911 or contact child protection services. A family law attorney can also explain emergency (ex parte) options.
Related pages
- Child Custody in Minnesota
- Parenting Time in Minnesota
- When Your Ex’s New Partner Can and Can’t Be Around the Kids
- Is Minnesota a 50/50 Custody State?
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