There is an active child protection case regarding my ex-wife’s care of our child. Do I have to wait until it is over to ask the Family Court to modify custody?
Stillwater family law attorney, Matt Ludt, explains how child protection cases impact custody.
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Phone: (651) 430-9700
Not necessarily. It’s gonna depend on the judge and the county involved. Some judges don’t mind, while there’s a child protection case going on, going into the family court, into the family court file and modifying custody, at which point then that changes the priority of the child protection case, because they’re no longer trying to reunify the child with the former custodial parent, but instead now they just need to worry about making sure the child’s protected in general contact from that parent based on whatever the allegations are. Other counties believe that juvenile court has usurped jurisdiction, and so long as the issues of the child are involved in the – and that child protection case is open that nothing can change in the family court file. In those circumstances, then, instead of trying to modify the custody order, then the family court file will get involved in the child protection case and try to transfer the custody within the child protection case.
The parameters are a little different. We’ve got some options, but ultimately, in the end, it’s about getting involved and standing up for what you believe to be best for the child.