Southern Minnesota Custody Modifications Attorney
There are times when custody needs to be modified and either party can request that modification any time after the divorce. There is a four-step analysis that the court uses when determining whether or not a custody modification needs to take place. During this time, you will need to call your Mankato custody modifications attorney to initiate this process and to assist you through it.
Motion To Modify Process
When the motion to modify is made, the four-step process is as follows:
- The court determines whether or not there has been a change in circumstance since the original order was issued
- The court determines whether the modification would benefit the child
- The court determines whether the child has integrated into the non-custodial parent’s home with the consent of the custodial parent, as well as whether or not the present environment the child is in endangers them physically or emotionally
- The court determines whether the benefit to the child outweighs the burden associated with the modification.
Through your Southern Minnesota custody modification lawyer, you will need to make a motion to the court. The court will accept the allegations made in the motion as true, including any sworn affidavits. If it is shown that the child has integrated into the other parent’s home or some kind of endangerment has existed, the court will hold an evidentiary hearing.
Custody Modification Evidentiary Hearing
The evidentiary hearing determines why the child has changed homes and if it was because there was some kind of abuse or endangerment occurring in the custodial parent’s home. If not, then no action is taken. That is if a primae facie that shows integration or endangerment has been made. If no primae facie has been made, then the motion is denied by the court. The matter will move forward and the custody modification can be made.
Throughout the process, your attorney will be with you, making motions on your behalf and advising you along the way. Child custody matters can be stressful since they involve your children and you love them. The court will do what is in the best interest of your child and will also consider what the child desires in regards to which parent they wish to live with. These modifications can then affect child support payments, such as the payments being stopped or started because the child switched homes or the amount of parenting time has been altered.
Contact A Mankato Custody Modifications Lawyer
Sometimes modifications of custody have to be made. Perhaps the child wishes to live with the other parent or adjustments in parenting time have to be made. Whatever the reason, you need an attorney who helps you make your wishes heard. Birkholz Law, LLC will listen to your needs and advocate for you when working toward the desired resolution in your modification case. To find out more, call us at the Mankato office at 507-387-2100, the St. James office at 507-375-3374, or the Westbrook office at 507-274-6501 for a free consultation.