1999 Minnesota Statutes

     518.18 Modification of order. 

    (a) Unless agreed to in writing by the parties, no motion 
 to modify a custody order 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, except 
 in accordance with paragraph (c). 

    (b) If a motion for modification has been heard, whether or 
 not it was granted, unless agreed to in writing by the parties 
 no subsequent motion may be filed within two years after 
 disposition of the prior motion on its merits, except in 
 accordance with paragraph (c). 

    (c) The time limitations prescribed in paragraphs (a) and 
 (b) shall not prohibit a motion to modify a custody order if the 
 court finds that there is persistent and willful denial or 
 interference with visitation, or has reason to believe that the 
 child's present environment may endanger the child's physical or 
 emotional health or impair the child's emotional development. 

    (d) If the court has jurisdiction to determine child 
 custody matters, the court shall not modify a prior custody 
 order unless it finds, upon the basis of facts, including 
 unwarranted denial of, or interference with, a duly established 
 visitation schedule, that have arisen since the prior order or 
 that were unknown to the court at the time of the prior order, 
 that a change has occurred in the circumstances of the child or 
 the parties and that the modification is necessary to serve the 
 best interests of the child.  In applying these standards the 
 court shall retain the custody arrangement established by the 
 prior order unless: 

    (i) both parties agree to the modification; 

    (ii) the child has been integrated into the family of the 
 petitioner with the consent of the other party; or 

    (iii) the child's present environment endangers the child's 
 physical or emotional health or impairs the child's emotional 
 development and the harm likely to be caused by a change of 
 environment is outweighed by the advantage of a change to the 
 child.  

    In addition, a court may modify a custody order under 
 section 631.52.  

    (e) In deciding whether to modify a prior joint custody 
 order, the court shall apply the standards set forth in 
 paragraph (d) unless:  (1) the parties agree in writing to the 
 application of a different standard, or (2) the party seeking 
 the modification is asking the court for permission to move the 
 residence of the child to another state. 

    (f) If a custodial parent has been granted sole physical 
 custody of a minor and the child subsequently lives with the 
 noncustodial parent, and temporary sole physical custody has 
 been approved by the court or by a court-appointed referee, the 
 court may suspend the noncustodial parent's child support 
 obligation pending the final custody determination.  The court's 
 order denying the suspension of child support must include a 
 written explanation of the reasons why continuation of the child 
 support obligation would be in the best interests of the child. 

    HIST: (8597) RL s 3586; 1978 c 772 s 44; 1979 c 259 s 21; 1986 
 c 444; 1990 c 574 s 17; 1991 c 266 s 1; 1994 c 630 art 11 s 8; 
 1995 c 257 art 1 s 21