Motion to Modify

Motion to Modify Custody

A motion to modify custody is the legal term for an attempt to modify a custody agreement. Some of the most common reasons for a motion include issues with the current situation, the family situation has changed, or the child has different needs because of their age increase.

The most effective way to modify a child custody agreement is to work with the other parent. The new order goes to court if both parents agree on the changes. The court usually accepts custody plans that are agreed upon by both parents. A family law mediator may be used to modify the custody agreement when the two parties cannot reach an agreement between themselves. Having a third party can help the process if effective communication or compromise isn’t working with the parents on their own.

If there is no agreement on custody modification, the court will make a decision.

Motion to Modify Parenting Time

Parenting time may need to be modified because of a child’s age change or the current situation changes. The child’s best interest must be determined by a judge. More parenting time factors under the Minnesota Law can be found here.

Consulting with an attorney is the first step to understanding your current situation better. The next step is filing and serving the required paperwork. After the motion is filed, the court will hold a hearing where both parents will state their cases. Finally, the court will make a decision based on what is in the child/children’s best interests.

Motion to Modify Child Support

There are two ways to have child support orders modified; by a court order or by cost-of-living adjustments. Certain requirements must be met for the court to change the original order. For example, if a parent were to lose their job or have a major decrease in income, there may be a reason for a change. It could also involve an increase or decrease in the parent or child’s needs or a considerable medical expense for the child.