Divorce & Custody Modifications in Edina

Strategic Guidance for Changing Minnesota Divorce & Custody Orders

After a divorce is final, a post-decree modification may be needed to change a court order. At RWI Law, we represent Edina clients seeking changes involving child custody, parenting time, child support, or spousal maintenance.

We handle negotiated and litigated modification matters throughout Hennepin County. Our attorneys have guided hundreds of parents through Minnesota custody matters, including changes to prior orders. We provide services in English and Spanish.

Call (320) 408-2614 to discuss the order you want to change and the circumstances behind your request.

Legal Standards for Post-Decree Modifications

Each type of modification follows a distinct legal path. We identify the relief sought, review the controlling order, and determine which legal standard applies before recommending how to proceed.

Child Custody
Minnesota Statutes section 518.18 governs changes to custody orders and parenting plans. A court may change custody or a provision identifying a child’s primary residence when circumstances have changed since the prior order and modification is necessary to serve the child’s best interests, subject to statutory requirements and exceptions. The best-interest factors considered in custody matters appear in Minnesota Statutes section 518.17.

Parenting-Time Schedules
Minnesota Statutes section 518.175 governs these schedules separately. A schedule adjustment isn’t automatically evaluated under the same requirements as a request to change custody or a child’s primary residence. We examine the controlling order and the precise relief sought.

Child Support
A modification may be presumed to involve a substantial change in circumstances when recalculation under current guidelines differs from the current obligation by at least 20 percent and no less than $75. That presumption remains subject to statutory conditions, and eligibility depends on the financial information and facts presented.

Spousal Maintenance
We review the original Judgment and Decree, later orders, and the terms governing maintenance. The applicable legal standard depends on those terms and the relief sought.

Timing & Records for a Minnesota Modification Request

Statutory timing restrictions can affect when a custody or parenting-plan motion may be filed. Unless the parties agree in writing, a motion generally can’t be made during the first year after entry of a dissolution or legal-separation decree containing a custody provision. After a modification motion has been decided on its merits, another motion generally can’t be filed for two years unless the parties agree in writing.

Those restrictions don’t apply when there’s persistent and willful denial of or interference with court-ordered time. They also don’t apply when the court has reason to believe the child’s current environment may endanger the child’s physical or emotional health or impair emotional development.

Useful records for an initial modification review include:

• The original divorce decree and any later court orders
• A termination letter or recent pay stubs showing an employment change
• Tax returns documenting current financial information
• A doctor’s statement concerning a relevant health change
• A relocation notice or other documentation of changed circumstances

No single document necessarily establishes that a modification should be granted. We assess the records alongside the controlling order, statutory requirements, and the circumstances of the case.

How We Handle Agreed & Contested Modifications

We begin by reviewing the original decree and every subsequent order. We also check whether the decree requires mediation or another form of alternative dispute resolution before a contested motion can be heard.

When the parties reach an agreement, we may pursue a stipulated order, which reflects written terms accepted by both parties, or an amended judgment. We prefer a negotiated resolution when it can address the dispute effectively. If the parties don’t agree, we may pursue formal motion practice and advocate for our client in Hennepin County Family Court.

Hennepin County Family Court Filing Basics

Divorce and family-law modification matters in Hennepin County are filed with the Hennepin County District Court, Family Court Division. When both parties agree in writing to change a Judgment and Decree, the county provides an Amended Judgment and Decree forms packet. Their agreement alone doesn’t alter the current order; the proposed terms must be submitted to the court.

In a contested case, the person seeking the change must serve and file a written motion, followed by a hearing. Self-represented parties must have most Family Court motions reviewed by the Self-Help Center before a hearing date is set. Expedited child support motions are an exception to that requirement.

Discuss Your Existing Order with Our Attorneys

We can review your decree, later orders, and documentation of changed circumstances. We’ll identify the applicable process and discuss whether negotiation or a contested court proceeding fits your situation.

To discuss your divorce or custody modification, contact us or call (320) 408-2614.