Minnesota law gives every parent the right to see and spend time with his or her children. Sometimes divorcing parents have difficulty arranging when each parent is going to have time with their children during the school year and during summer break. Creating a holiday schedule can be particularly difficult.
Minnesota law no longer uses the word “visitation”. Parents do not visit their kids when they spend time with them. Instead, they are parenting them whenever they are together.
COMMON QUESTIONS ABOUT PARENTING TIME
How is a parenting time schedule determined?
Most parents going through a Minnesota divorce can create a schedule as to who has the children during the school year, summer break, holidays, vacations and other special times of the year. For those who are unable requiring a judge to create the parenting time schedule, Minnesota Statute §518.17, subdivision 1(a) states:
In evaluating the best interests of the child for purposes of determining issues of custody and parenting time, the court must consider and evaluate all relevant factors, including:
(1) a child’s physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child’s needs and development;
(2) any special medical, mental health, developmental disability, or educational needs that the child may have that may require special parenting arrangements or access to recommended services;
(3) the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference;
(4) whether domestic abuse, as defined in section 518B.01, has occurred in the parents’ or either parent’s household or relationship; the nature and context of the domestic abuse; and the implications of the domestic abuse for parenting and for the child’s safety, well-being, and developmental needs;
(5) any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs;
(6) the history and nature of each parent’s participation in providing care for the child;
(7) the willingness and ability of each parent to provide ongoing care for the child; to meet the child’s ongoing developmental, emotional, spiritual, and cultural needs; and to maintain consistency and follow through with parenting time;
(8) the effect on the child’s well-being and development of changes to home, school, and community;
(9) the effect of the proposed arrangements on the ongoing relationships between the child and each parent, siblings, and other significant persons in the child’s life;
(10) the benefit to the child in maximizing parenting time with both parents and the detriment to the child in limiting parenting time with either parent;
(11) except in cases in which domestic abuse as described in clause (4) has occurred, the disposition of each parent to support the child’s relationship with the other parent and to encourage and permit frequent and continuing contact between the child and the other parent; and
(12) the willingness and ability of parents to cooperate in the rearing of their child; to maximize sharing information and minimize exposure of the child to parental conflict; and to utilize methods for resolving disputes regarding any major decision concerning the life of the child.
The best parenting time schedule is the one created by both parents whether through their own negotiation or during a mediation because they are the only ones who truly know their children’s needs. Parents who leave this issue in the hands of a judge will have a stranger making very sensitive and life-changing decisions.
Logistics of when and where the parents pick up and drop off the children may need to be spelled out. New significant others with no concerning history usually are not limited from having contact and time with the children or even assisting with pick-ups and drop-offs.
Supervised parenting time could become a necessity if a parent has a proven drug or alcohol addiction, untreated physical or mental health issues or has a documented history of being violent. Thinking someone is using drugs, drinks too much or has a mental health issue because he or she seems depressed is not proof in court.
At what age can a child refuse to see a parent?
There is no set age in Minnesota when a child chooses not to see a parent. One of the above twelve factors is the reasonable preference of a child depending upon his or her age and maturity. Judges generally begin being less stringent about children following a parenting time schedule when they can drive seeing that older teenagers rather be with friends or out having fun than being with either one of their parents.