Parenting Time in Minnesota

Parenting time is one of the most contentious and heavily litigated topics in family law matters especially combined with legal custody determinations. In Minnesota equal parenting time is presumed to be in the best interest of the child. However, sometimes less than equal parenting time is determined appropriate.

Parenting Time

Parenting time is the time a parent spends with their child. Parenting time can be agreed upon between the parents or court ordered. When parenting time is equally shared between the parents, the parenting schedule may include any combination of 7 overnights with each parent during a 14-day period. The schedule may include one parent receiving Monday and Tuesday nights, the other parent receives Wednesday and Thursday nights, and then alternating weekends Friday night through Sunday night. This schedule is known as 5-2-2-5 parenting time.

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

Supervised parenting time is generally ordered upon a finding of endangerment or neglect of a parent. A relative or family member may provide supervision of the parent’s time with the minor child in less severe cases. Other circumstances require supervised parenting time at a supervision center for the safety of the minor child.

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 federal holidays, religious holidays observed by the parents or parent, school holidays, any other holiday a parent may observe including parent’s birthday and the child’s birthday. Typical holiday schedules alternate between parents each year. 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:

  • A parent moves outside a reasonable distance for the current parenting schedule.

  • The original parenting schedule no longer serves the needs of the minor child or no longer reflects the schedule followed by the parents.

  • 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.

Modifications can be for a temporary period or permanent.

Enforcing Parenting Time Orders

If a parent interferes with parenting time, the other parent can file a motion to enforce the court order. 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.