How is Parenting Time Determined in a Divorce?

 

Understanding Parenting Time in Minnesota: A Guide for Divorcing Parents

Divorce is difficult—especially when children are involved. One of the most important decisions in a Minnesota divorce is determining parenting time, formerly known as visitation. If you are navigating a separation or divorce, understanding how parenting time works under Minnesota law can help you protect your rights, support your children, and make informed decisions during the process.

What Is Parenting Time?

In Minnesota, parenting time refers to the time each parent spends with their child following a divorce or custody determination. Parenting time can be either court-ordered or based on a mutual agreement between the parties, and it plays a vital role in the child’s well-being and development.

Parenting time is distinct from legal custody (the right to make major medical, educational, and religious decisions about the child) and physical custody (where the child primarily lives), although these issues often overlap.

How Minnesota Courts Determine Parenting Time

Courts in Minnesota aim to establish parenting time schedules that serve the best interests of the child. Under Minnesota Statutes § 518.175, the law presumes that a child benefits from the involvement of both parents. However, the specific arrangement depends on several factors.

Best Interest Factors

Minnesota courts consider the 12 best interest factors outlined in Minnesota Statutes § 518.17, including:

  • The child’s physical, emotional, cultural, and spiritual needs

  • The effect of proposed arrangements on the child’s development

  • The history and nature of each parent’s participation in caregiving

  • Each parent’s ability to provide care and maintain consistency

  • The child’s preference, if the court finds the child mature enough

  • Any history of domestic abuse

These factors help the court determine a schedule that supports the child’s stability and continued relationship with both parents.

Typical Parenting Time Schedules

While parenting time can be customized based on each family’s needs, common schedules include:

  • Alternating weekends and one evening per week

  • 5-2-2-5 schedule (alternating every two days with some five-day stretches)

  • 2-2-3 schedule (usually one parent having Monday and Tuesday, the other parent having Wednesday and Thursday, and the first parent having Friday through Sunday. The schedule then alternates the next week)

  • Week-on / Week-off (50/50) parenting, often week-on/week-off or split weeks

  • Supervised parenting time when safety concerns are present

Courts may approve any parenting time schedule as long as it serves the child’s best interests and maintains a safe, nurturing environment.

Can Parenting Time Be Denied?

Courts do not deny parenting time lightly. However, parenting time may be restricted or supervised if there is evidence of:

  • Abuse or neglect

  • A serious risk of harm to the child

  • Persistent interference with the child’s well-being

Even in such cases, Minnesota courts often aim to preserve the parent-child relationship, possibly through supervised visitation or therapy-based interventions. Minnesota has a presumed minimum parenting time of 25% of annual overnights, meaning that in most cases each parent is entitled to at least 25% of the total parenting time with their child. However, courts can award a parent less than this amount of parenting time in some cases where there is a safety or other substantial concern for the child’s well-being.

Enforcing or Modifying Parenting Time

Enforcing a Court Order

If one parent denies the other court-ordered parenting time, the affected parent may file a motion to enforce parenting time. Remedies can include:

  • Compensatory time (make-up time)

  • Civil penalties

  • Modification of the schedule

  • Contempt proceedings

Modifying Parenting Time

Parenting time can be modified if there has been a change in circumstances. A motion can be filed with the court, and the parent requesting the change must show that the modification is in the child’s best interest. Common reasons for modification include:

  • Changes in a parent’s work schedule

  • Changes in school for the child

  • Relocation

  • The child’s needs evolving over time

Co-Parenting Tips After Divorce

Healthy co-parenting can reduce stress and improve your child’s emotional well-being. Here are some tips to help:

  • Communicate clearly: Use texts, co-parenting apps, or email to keep communication respectful and organized.

  • Be consistent: Stick to the parenting time schedule and notify the other parent of changes well in advance.

  • Avoid conflict in front of the child: Keep disagreements private and model respectful behavior.

  • Prioritize the child’s needs: Focus on stability, safety, and love over disputes with your ex.

  • Be flexible when needed: Life happens—if the other parent needs to switch days occasionally, reciprocity goes a long way.

When to Contact a Family Law Attorney

If you're going through a divorce or facing a parenting time dispute, a Minnesota family law attorney can help protect your parental rights and guide you through the legal process. At Roach Law PLLC, we work closely with parents to create practical, enforceable parenting time agreements that prioritize your child’s well-being.

Conclusion

Parenting time is one of the most critical components of any divorce or custody case in Minnesota. Whether you’re seeking equal time, sole custody, or a flexible schedule that fits your family, understanding how parenting time is determined—and how to advocate for your child’s best interests—can give you clarity and peace of mind. If you need assistance with establishing or changing a parenting time schedule, call Roach Law PLLC at 651-468-2103 or schedule a free consultation using our booking page.

 
John RoachRoach Law PLLC