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Child custody is modified by statute. A parent seeking to modify the custody labels must show that there’s been a change in circumstances that requires a change in the custody label, that the best interests of the child would be served by the change, and then one of three factors: either that the child has become integrated into that parent’s home, that the parents agree to the custody change, or that the child is endangered in the home of the other parent. You also have to establish not only that the child is endangered, but that the harm to the child caused by taking them out of that environment and creating the instability is overcome by the benefit of living with the new parent. If you aren’t able to prove all of those factors, custody is not going to be changed.
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Minnesota family law attorney DeAnne Dulas explains how to modify child custody.