This form is motion for modification of a prior custody divorce decree in order to obtain sole custody of a minor child on the grounds that the present custodial parent is unfit to continue to have sole custody of the child. This form is a generic example of such an motion that may be referred to when preparing such a pleading for your particular state.
Minnesota Motion for Modification or Amendment of Prior Custody Order in Divorce Decree to Obtain Sole Custody of Minor Child Due to Unfitness of Custodial Parent
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How to fill out Motion For Modification Or Amendment Of Prior Custody Order In Divorce Decree To Obtain Sole Custody Of Minor Child Due To Unfitness Of Custodial Parent?
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FAQ
Per Minnesota law, there is a rebuttable presumption that a parent is entitled to receive at least 25% of the parenting time. [9] Three out of 14 overnights would only afford a party 21% parenting time.
Parents may agree to change their parenting time schedule without going to court. However, parents must obtain a court order if they want a parenting time schedule, or changes to a parenting time schedule, to be legally enforceable.
The following section is from Minnesota Statute 518.175: (g) In the absence of other evidence, there is a rebuttable presumption that a parent is entitled to receive a minimum of 25 percent of the parenting time for the child.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Minnesota Statute Section 518.175 governs parenting time, and subdivision 5(b) provides that the court shall modify parenting time if the modification would not change the child's primary residence and if the modification would serve the best interests of the child.
Contrary to common belief, in Minnesota there is no particular age at which a child gets to decide which parent he wants to live with. Generally, the older the child, the more weight the child's preference carries, whether in the initial custody determination or in the context of a motion to modify custody.
In determining custody, the court shall consider the best interests of each child and shall not prefer one parent over the other solely on the basis of the sex of the parent.
To modify custody, the moving party must first show that ?a change has occurred in the circumstances of the child or the parties and that the modification is necessary to serve the best interests of the child.? A change in circumstances must be significant and must have occurred since the original custody order or ...