As I say in every post, the law changes from state-to-state and you should check with a Minnesota child custody lawyer in your area for further information about motions to modify child custody and parenting time. With that out of the way, I am going to try and discuss some general truisms that apply in most states when it comes to Motions to Modify Custody or Motions in Opposition to the same.
Best interest of the child standard
The first standard that every parent should be aware of is the best interest of the child standard. Although I am not licensed to practice law in every state America, I can guess with some accuracy that every court in America uses the best interest standard. What does this mean?
Basically, the best interest of the child standard is a multi-factored test that the court will use when determining which parent(s) the child(ren) should live with. The test may change from state-to-state, but particular statutes – and the language contained in the statute – tend to discuss many of the same factors.
For example, in Minnesota, the best interest of the child factors are defined in Minn. Stat. 518.17:
(a) “The best interests of the child” means all relevant factors to be considered and evaluated by the court including:
(1) the wishes of the child’s parent or parents as to custody;
(2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;
(3) the child’s primary caretaker;
(4) the intimacy of the relationship between each parent and the child;
(5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child’s best interests;
(6) the child’s adjustment to home, school, and community;
(7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(8) the permanence, as a family unit, of the existing or proposed custodial home;
(9) the mental and physical health of all individuals involved; except that a disability . . . of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;
(10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion or creed, if any;
(11) the child’s cultural background;
(12) the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and
(13) except in cases in which a finding of domestic abuse . . . has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.
The court may not use one factor to the exclusion of all others. The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.
(b) The court shall not consider conduct of a proposed custodian that does not affect the custodian’s relationship to the child.
As you can see the best interest of the child standard is quite long and multi-factored. Know this – the above standard is what the court will use in Minnesota when making decisions about child custody. If you are faced with a child custody situation – whether in Minnesota or elsewhere – you must know these factors.
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