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 by court ordered. Parenting time can be shared equally between the parents. When parenting time is shared equally, the schedule may include a week on/week off schedule or a 5-2-2-5 schedule. A 5-2-2-5 schedule provides one parent Monday and Tuesday nights and every other weekend. The other parent receives Wednesday and Thursday nights and every other weekend.
Parenting time may be restricted to 25% when there are concerns about domestic abuse linked to an Order For Protection. This ensures the child’s safety. This usually means parenting time is reduced to one overnight stay each week. Alternating weekends help the child stay connected with the non-custodial parent. These rules aim to balance parental relationships while keeping the child’s safety in mind. Parenting time can change as situations develop or when parents resolve the issues.
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 Section 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. They also include religious holidays observed by the parents or parent, school holidays, and any other holiday a parent may observe. This includes the 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.