MODIFYING CUSTODY: CHANGE IN CIRCUMSTANCES VS. CONTINUATION OF A KNOWN PROBLEM

 

In Minnesota, custody modifications are governed by Minnesota Statute section 518.18 (d). The threshold question in a motion to modify custody is whether a significant change in circumstances has occurred since the previous custody order was issued making a modification necessary to serve the child’s best interests. The change must be real, not a continuance of ongoing problems. A previous custody order is an order that either sets or modifies the custody labels, not an order that deals only with the parenting time schedule.  

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