If you believe that your child’s safety is at risk when in the care of your co-parent you may want to restrict their physical custody. Examples could include if you notice signs of abuse and neglect or if your ex has a severe drug problem and is unable to provide a safe environment for your child.
It might also be possible to seek restrictions on their physical custody if your co-parent consistently violates court-ordered custody arrangements. This could involve disregarding visitation schedules or other established agreements.
In any such situation, it is crucial to remember that restricting your co-parent’s physical custody is a significant step and a court will require strong justifications to do so.
How to navigate the legal process
To initiate the process of restricting your co-parent’s physical custody in Minnesota, you should collect relevant evidence that supports your claims for restricting physical custody. This may include:
- Medical records
- Witness testimonies
- Police reports
- Any documentation that demonstrates the need for custody limitations
You should then file a motion with the court outlining the reasons for seeking custody restrictions. This formal legal document presents your case and requests a modification of the existing custody arrangement.
When you choose to go down this path, you should be prepared to attend court hearings because your evidence will need to be presented and your case argued. Remember, the court will consider the evidence presented by both parties before making a decision, and at the end of the day, it is the court that makes the final decision, not you or the other parent. Getting help to build your case will increase the chance of a successful outcome.