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Parenting Time In Minnesota
In the state of Minnesota, “Parenting time,” means the time that you spend with your child in your care regardless of whether you have been awarded joint or sole custody. This is typically set according to a schedule that is agreed upon between you and the other parent. When you and the other parent cannot agree on parenting time, the Court will determine it for you if necessary.
The purpose of parenting time is to allow you to maintain a relationship with your child that is in the child’s best interests. The amount that you have can have will vary greatly from case to case based upon your circumstances and the circumstances of the other parent and your children.
The Best Interests Of The Child
Courts in Minnesota consider the “best interests” of the minor children in determining your parenting time. If the court finds, after a hearing, that you or the other parent is likely to endanger your child’s physical or emotional health or impair your child’s emotional development, the court will restrict your time. These restrictions can include the amount of time, place, duration, or supervision and may deny parenting time entirely. A parents failure to pay child support because of the an inability to do so is not a reason for you to be denied parenting time. There is a rebuttable presumption that you are entitled to receive a minimum of 25 percent of the parenting time with your child. This percentage of parenting time is typically determined by calculating the number of overnights that your child spends with you.
In the State of Minnesota, if you are an unwed biological mother of a child, you have sole physical and legal custody of your child until there is a court order that addresses the father’s rights. If you are the father of a child that was born outside of a marriage, then you have no legal right to exercise parenting time or participate In decisions regarding your child until you establish paternity and obtain a court order determining custody and parenting time. It is possible that you have a legitimate concern about the safety and welfare of your child during parenting time. Sometimes parenting time is withheld by the other parent for reasons that are not based upon the best interest of the child.
The Realistic Side Of Parenting Time
Parenting time issues can be very emotional and frustrating for you and your children. Many times specific schedules are not set in court orders or the other parent is controlling your access to your child. It is important that you consult with a family law attorney to determine what options are available to you to address the specific issues you may have associated with parenting time or child visitation. The law presumes that you should have a relationship with your child. If you are experiencing problems in this area, we can help.
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