Providing You & Your Family With

Getting a non-compliant parent to follow the parenting plan may require intervention by the court. Because the parenting plan is a court order, it is legally binding and can be enforced by law. Some common violations that may require seeking enforcement of a parenting plan include:

• Denying scheduled visitation
• Denying the other parent access to see the child
• Making legal or medical decisions for the child without consulting with the other parent
• Violating vacation policies
• Failure to adhere to the visitation schedule
• Interfering with communication
• Withholding parenting time for non-payment of child support

Minnesota courts make the best interests and stability of the child the priority. There is a specified timeline in which a change in the parenting plan or custody order may be requested. Pursuant to Minnesota Statutes Section 518.18(a):

"Unless agreed to in writing by the parties, no motion to modify a custody order or parenting plan may be made earlier than one year after the date of the entry of a decree of dissolution or legal separation containing a provision dealing with custody."

In addition, if the court hears your motion for child custody modification, you must wait for at least two years before you can request another modification, regardless of whether the order was changed or not (Minnesota Statutes Section 518.18(b)).

According to Minnesota Statutes Section 518.18(d), the court may modify a child custody order if it finds that:

• A change in the custody arrangement is in the best interests of the child
• Both parents agree to the modification
• The child's present environment endangers their physical condition, emotional health, or development
• The primary custodial parent has relocated with the child to another state despite their relocation request being denied

According to Minnesota Statutes Section 518.175 Subd. 3., the parent with whom the child resides shall not move the residence of the child to another state except upon order of the court or with the consent of the other parent.

In order to determine whether to grant the relocation request, the court may consider the following factors:

• The child's preference (provided that the child is mature enough)
• The age, needs, and developmental stage of the child
• The reasons the parents are seeking or opposing the move
• The relationship between the child and either parent, siblings, and other family members
• The possible effect of the relocation on the child's physical, educational, and emotional development
• The possibility of preserving the relationship between the child and the non-relocating parent
• Whether the move will improve the general quality of life for both the relocating parent and the child
• Any history of domestic violence
• Other factors pertaining to the child's best interests

Parenting plans aren't unchangeable. Even after finalizing your divorce proceedings, changes in circumstances may require you to request to have a child custody modification to suit your needs or those of your child. When trying to modify or enforce an existing parenting plan or child custody order, consulting with an experienced Minnesota family law attorney is important to protect your rights and receive proper guidance.

The Law Office of Glen A. Norton PLLC is devoted to providing knowledgeable legal services and handling complicated family law-related matters, including child custody modifications and enforcement. As your legal counsel, Glen A. Norton will assess your situation and explore your possible legal options. He will work meticulously to create a fair parenting plan and craft a solution that works best for you and your family.