Whether you are seeking parenting time or desire to modify parenting time, Kathleen O’Connor can help you navigate through the complexities of Minnesota’s parenting time law and advise you on the most appropriate method to proceed in light of the current status of the law.
How Does the Court Establish Parenting Time?
The court determines parenting time in accordance with Minn. Stat. 518.175 and Minnesota case law. The Court is required to grant parenting time in a dissolution or legal separation that involves children, unless the parenting time “is likely to endanger the child.” Parenting time is also awarded in Custody proceedings (unmarried parents who have signed a Recognition of Parentage), paternity proceedings or certain order for protection cases. Under Minnesota law “there is a rebuttable presumption that a parent is entitled to receive a minimum of 25 percent of the parenting time for the child.” The legislature recently considered changing this percentage to 50 percent, which did not pass. It is likely that this will continue to be debated in the legislature. Attorney O’Connor is monitoring these developments.
There is not an Ideal Parenting Time Plan.
The most common parenting plans are:
- 5 – 2 -2 – 5:
- Parent A has every Monday and Tuesday overnights, the Parent B has every Wednesday and Thursday overnights, and the parties alternate weekends Friday afternoon to Monday morning.
This plan is often used with many ages as it is both predictable and includes frequent with both parents.
- Alternate Week with each parent with a specified exchange day and time. This plan is most common with older children.
- Parent A has the weekend Friday afternoon to Monday Morning and Parent B has Monday and Tuesday overnights,
- Parent A Wednesday and Thursday overnights, then Parent B has the weekend from Friday afternoon until Monday morning,
- Parent A has Monday and Tuesday overnights and parent B has Wednesday and Thursday overnights.
Since the rotating schedule can be confusing this plan is most often used for the very young when the frequency of contact is most important.
- Alternate weekends Friday afternoon until Sunday evening or Monday morning and one or two evenings per week. This schedule was once the norm; however, it has fallen into disfavor in recent years.
If parents live far away from each other and weekly visits are not feasible, it is common to assign more school holidays and summer vacation days to the parent who does not have daily contact.
Get the Representation You Need
O’Connor Law and Mediation offers a free consultation regarding family law issues, including parenting time. During the consultation, your case will be discussed as well as the most appropriate approach to proposing or modifying a parenting time plan.
Call today to set an appointment 952.529.1961.