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Parenting Plans

Quick Facts

Parenting plan created by parents can be moer flexible than court-created plans.
Plan may be used as an alternative to court order if both parents agree.
Plan must include custody designations.
Children may be moved out-of-state by agreement.

Plan Elements

A parenting plan must include the each of the following elements:

a schedule of the time each parent spends with the child;
a designation of decision-making responsibilities regarding the child; and
a method of dispute resolution.

A parenting plan may include other issues and matters the parents agree to regarding the child. These issues can cover a wide range of concerns parents have.

Parents voluntarily agreeing to parenting plans may substitute other terms for physical and legal custody, including designations of joint or sole custody, provided that the terms used in the substitution are defined in the parenting plan.

Creating Parenting Plan

At the request of both parents, a parenting plan will be used as an alternative to an order for child custody and parenting time, unless the court makes detailed findings that the proposed plan is not in the best interests of the child.

If both parents do not agree to a parenting plan, then the court may create one on its own motion, except that the court must not do so if it finds that a parent has committed domestic abuse against a parent or child who is a party to, or subject of, the proceedings before the court. If the court creates a parenting plan on its own motion, it must not use alternative terminology unless the terminology is agreed to by the parents.

If an existing order does not contain a parenting plan, the parents cannot be required to create a parenting plan as part of a modification order.

If the parents do not agree to a parenting plan and the court does not create one on its own motion, then orders for custody and parenting time must be entered as applicable under Minnesota law.

Custody Designation

A final judgment and decree that includes a parenting plan using alternate terms to designate decision-making responsibilities or allocation of residential time between the parents must designate whether the parents have joint legal custody or joint physical custody or which parent has sole legal custody or sole physical custody, or both. This designation is solely for enforcement of the final judgment and decree where this designation is required for that enforcement and has no effect under the laws of this state, any other state, or another country that do not require this designation.

Role of the Court

If both parents agree to the use of a parenting plan but are unable to agree on all terms, the court may create a parenting plan of its own accord. If the court is considering a parenting plan, then it may require each parent to submit a proposed parenting plan at any time before entry of the final judgment and decree.

If parents seek the court's assistance in deciding the schedule for each parent's time with the child or designation of decision-making responsibilities regarding the child, the court may order an evaluation and should consider the appointment of a guardian ad litem. Parenting plans, whether entered on the court's own motion, following a contested hearing, or reviewed by the court pursuant to a stipulation, must be based on the best interests factors, as applicable.

Restrictions on Preparation of Parenting Plan

Dispute resolution processes other than the judicial process may not be required in the preparation of a parenting plan if a parent is alleged to have committed domestic abuse toward a parent or child who is a party to, or subject of, the matter before the court. In these cases, the court considers the appointment of a guardian ad litem and a parenting plan evaluator.

The court may not require a parenting plan that provides for joint legal custody or use of dispute resolution processes, other than the judicial process, if the court finds that either parent has engaged in the following toward a parent or child who is a party to, or subject of, the matter before the court:

Acts of domestic abuse, including physical harm, bodily injury, and infliction of fear of physical harm, assault, terroristic threats, or criminal sexual conduct
Physical, sexual, or a pattern of emotional abuse of a child
Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions.

Moving the Child to Another State

Parents may agree to the legal standard that will govern a decision regarding the removal of a child's residence from Minnesota. To do so, one of the following must be true:

Both parents were represented by counsel when the parenting plan was approved
The court found the parents were fully informed, the agreement was voluntary, and the parents were aware of its implications.

Allocation of Certain Expenses

Parents creating a parenting plan are subject to the requirements of the child support guidelines. Parents may include in the parenting plan an allocation of expenses for the child. The allocation becomes an enforceable contract between the parents that is treated like any other contract.

Modification of Parenting Plans

Parents may modify the decision-making provisions or the schedule that each parent spends with the child of a parenting plan by mutual agreement. To be enforceable, modifications must be confirmed by a court order. A motion to modify the time each parent spends with the child or decision-making provisions may be made only within the time limits provided.

The parents may agree, but the court will not require them, to apply the best interests standard, when applicable, in deciding a motion for modification that will change the child's primary residence if one of the following is true:

Both parents were represented by counsel when the parenting plan was approved
The court found the parents were fully informed, the agreement was voluntary, and the parents were aware of its implications.

If the parents do not agree to apply the best interests standard, then the parenting plan will default to Minnesota law.