What is Parenting Time and How is it Determined?
Understanding Parenting Time in Minnesota Family Law Cases
When parents in Minnesota separate or divorce, one of the most critical issues they must address is parenting time. Parenting time, sometimes referred to as visitation, refers to the schedule that determines when a child will be with each parent. Ensuring a fair and effective parenting time arrangement is vital to supporting the well-being of children and fostering healthy relationships with both parents. Below, we’ll explore the concept of parenting time, how it is determined in Minnesota, and the key considerations for parents navigating this process.
What is Parenting Time?
Parenting time refers to the allocation of time that children spend with each parent. It encompasses daily care, decision-making during visits, and opportunities for parents to bond with their children. Parenting time is distinct from legal custody, which pertains to a parent’s right to make major decisions about the child’s upbringing, such as education, healthcare, and religion. In most cases, Minnesota courts encourage both parents to maintain significant involvement in their child’s life, as this is generally believed to be in the child’s best interests.
How is Parenting Time Determined in Minnesota?
In Minnesota, parenting time is primarily determined based on the "best interests of the child." Courts aim to craft arrangements that promote the child’s safety, stability, and overall well-being. To achieve this, the court considers several factors outlined in Minnesota Statutes Section 518.17, including:
The child's physical, emotional, cultural, and spiritual needs: Courts prioritize arrangements that support the child’s overall well-being.
The child's preferences: If the child is of sufficient age and maturity, their preferences may be taken into account.
Each parent’s ability to provide care: This includes assessing each parent’s capacity to meet the child’s day-to-day needs and ensure their safety.
The child’s relationship with each parent: Courts evaluate the strength and quality of the bond between the child and each parent.
Any history of domestic abuse: Safety concerns play a significant role in determining appropriate parenting time arrangements.
The ability of the parents to cooperate: Courts consider whether the parents can effectively communicate and cooperate regarding the child’s care.
The effect on the child’s education and community connections: Maintaining stability in a child’s schooling and social environment is also a critical consideration.
Types of Parenting Time Arrangements
Parenting time schedules can vary widely based on the unique circumstances of each family. Some common arrangements include:
Equal Parenting Time: In cases where both parents are equally capable and involved, courts may order an equal parenting time schedule, such as alternating weeks or a 2-2-3 schedule.
Primary Residence with One Parent: In this arrangement, the child primarily resides with one parent, while the other parent has regular parenting time, such as every other weekend and certain holidays.
Supervised Parenting Time: If there are concerns about a child’s safety, a court may order supervised parenting time, where the visits take place under the supervision of a neutral third party.
Out-Of-State or Two-State Parenting Time: In some cases parents reside in different states, which can make parenting time scheduling difficult. Often courts will order that one parent provide primary care for the children and then creatively allocate remaining blocks of parenting time to the parent who resides out of state.
Parenting Time Modifications
Life circumstances can change, and as a result, parenting time arrangements may need to be modified. Under Minnesota law, a parent may request a modification if they can demonstrate that there has been a significant change in circumstances and that the modification is in the child’s best interests. Examples of situations that may warrant a modification include:
A parent relocating to a new city or state.
Changes in a child’s needs due to age or health.
Concerns about a parent’s ability to care for the child.
Tips for Parents Navigating Parenting Time
Focus on the child’s needs: Always prioritize the best interests of the child over personal preferences or grievances with the other parent.
Communicate effectively: Maintaining open and respectful communication with the other parent can help avoid misunderstandings and conflicts.
Follow court orders: Adhering to the parenting time schedule set by the court is essential to building trust and avoiding legal issues.
Be flexible: Life is unpredictable, and some flexibility may be necessary to accommodate unforeseen circumstances.
Keep records: Documenting parenting time exchanges and communications can be helpful if disputes arise.
There are many beneficial resources for learning more about parenting time in Minnesota, including a great deal of resources provided through the Minnesota Courts. A list of frequently asked questions and answers is published by Minnesota Courts, as well as the Child-Focused Parenting Time Guide. Both of these resources provide excellent information for parents looking to learn more about the legal concept of parenting time and the role that this plays for their family. The Minnesota Department of Human Services also publishes a parenting time calendar tool, which is a helpful resource for families seeking to set up a clear parenting time calendar for their family.
Parenting Time Lawyer
Parenting time arrangements play a crucial role in ensuring the well-being of children and fostering healthy relationships with both parents. By understanding the factors that influence parenting time decisions and utilizing available resources, parents can work toward arrangements that meet their child’s needs and promote stability. While it is never ideal for disputes about parenting time to arise, it is not uncommon and can often result in complex and difficult litigation. If you have questions about parenting time or need legal assistance, consulting with an experienced family law attorney can help you navigate this process effectively. Call experienced parenting time attorney John E. Roach at 651-468-2103 or schedule a free consultation if you are seeking assistance with a parenting time or other family law matter.