Parenting Time Determinations in Minnesota
Parenting time is one of the most contentious and heavily litigated topics in family law matters especially combined with legal custody determinations. The State of Minnesota begins with the presumption that it is in the best interest of the child to have equal parenting time with both parents, there are circumstances where unequal parenting time is better suited for the child.
Parenting Time Basic
Parenting time is generally described as the time a parent spends with their child whether by agreement with the other parent or court ordered. When parenting time is equally shared between the parents, the schedule may include any combination of 7 overnights with each parent during a 14-day period. In other words, sometimes parents will divide the week on different schedule types that ultimately result in alternating weekends while dividing the rest of the week.
When parenting time is unequal, or between 25% to 30% parenting time, the schedule may be one overnight per week with alternating weekends for the parent with such a schedule.
Supervised Parenting Time
In some matters, supervised parenting time may be determined in the best interest of the child. Supervised parenting time may be considered when there are significant concerns for the minor child’s wellbeing while in the care of a parent. Such concerns may include child endangerment, domestic abuse, neglect, mental health issues, chemical dependency problems, risk of moving away to another state or country, or when a parent was estranged from a child for a long period of time and attempts to reunify with the parent is necessary.
Supervised parenting time can take place under the guidance of a relative or family member of the parent requiring supervision in less severe cases where concerns may be more focused on reunifying an estranged parent with the minor child for example. In other circumstances, supervised parenting time at a supervision center may be necessary for the safety of the minor child.
Whether you're seeking equal parenting time, supervised parenting time, or trying to modify an existing schedule, it's important to understand how Minnesota law defines and approaches this issue.
Determination of Parenting Time
In Minnesota, parenting time is based on the best interests of the child factors. The court considers 12 statutory factors, including generally:
The child’s physical, emotional, cultural, and spiritual needs
Special needs of the child including medical health, mental health, developmental needs, etc.
The reasonable preference the child may have (if the court deems the child of sufficient age to intelligibly weigh-in on their preference)
Whether Domestic Abuse occurred as defined under Minnesota Statute 518B.01
The mental and physical health of all parties involved
History and nature of care provided by the parties for the child
The willingness and ability of each parent to care for the child
The effect of the child’s wellbeing and changes to home, school, and the community
The effect a proposed arrangement has regarding the on-going relationship of the parties with the minor child
The benefit in maximizing parenting time with both parents and the detriment in limiting parenting time to with either parent
The disposition of the parties to support the child’s relationship with the other parent (except in cases of Domestic Abuse)
The willingness of the parties to cooperate, share information, minimize exposure to conflict, etc.
Generally, the goal is to establish a parenting time schedule that promotes the child’s well-being, encourages strong parent-child relationships, and minimizes conflict between the parents.
Holiday Schedule in Minnesota
Holiday Schedules in Minnesota incorporate religious holidays observed by the parents or parent, school holidays, any other holiday a parent may observe, and sometimes the parent’s birthday and the child’s birthday. Typically, holidays alternate with one parent taking even years and the other taking odd years and then alternating even further if one parent receives for example Memorial Weekend in an odd year, the other parent may receive Labor Day weekend in the odd year. Other holidays provide on parent receive the holiday in both odd and even years - for example, Mother’s Day and Father’s Day (which goes to the respective parent). Other holidays may be important to one parent but not the other such as Halloween or Valentine’s Day.
Parents can create their own schedule. Otherwise, the court may impose a holiday schedule if no agreement is reached.
Modification of Parenting Time
Similar to modification of child custody, parenting time can also be modified if it is in the child’s best interests or if a substantial change in circumstances exist. Like modification of child custody, parenting time modification arises when for example any of the following occur:
A parent’s anticipated move outside a reasonable distance for the current parenting schedule. This occurs when parents share equal parenting time, but, one parent moves more than a reasonable distance such that equal parenting time is not feasible, modification maybe necessary. For example, if the parties reside in the Twin Cities area such as Minneapolis and one parent moves north to Duluth where an equal parenting time schedule may not be practical.
A breakdown in the parenting schedule such that the original parenting schedule no longer serves the needs of the minor child or no longer reflects the reality of the parenting time schedule as practiced by the parents. For example, if the parents share equal parenting time on paper, but one parent has only exercised alternating weekends for a period of at least two years, it may make sense to modify the parenting time schedule accordingly.
In instances where child endangerment, neglect, abuse, or a parent’s mental health or chemical dependency is of concern, a change in parenting time may be requested especially when requesting a modification of child custody under similar issues.
Modification requests can be made for temporary change in the schedule while a parent works on addressing their mental health or chemical dependency issues for example. Otherwise, most changes to the parenting schedule requests are made for changes on a permanent basis.
Enforcing Parenting Time Orders
If a parent interferes with parenting time, the other parent can file a motion to enforce the court order. This motion may be in the form of a request for an Order to Show Cause or Motion for Compensatory Parenting Time. Under these motions or requests, if proven, the court may:
Award compensatory parenting time
Hold the non-compliant parent in contempt of court
Modify legal and physical custody of the minor child
Modify the parenting schedule
Impose fines or other penalties
Documentation of interference with court-ordered parenting time is necessary to show missed parenting time dates and requests.
If you’re involved in a dispute over parenting time, it’s essential to work with an experienced Minnesota Family Law Attorney who understands laws pertaining to parenting time. If you wish to seek further guidance, please contact us today to schedule a consultation to determine best strategies moving forward.
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