tel. 651/210-9409

I represent clients primarily in the Twin Cities seven-county metro area. Contact me for more information.

• Roseville (MN)
• Ramsey County
• Arden Hills
• Columbia Heights
• Falcon Heights
• Fridley
• Hennepin County
• Little Canada
• Maplewood
• Minneapolis
• Mounds View
• New Brighton
• North Oaks
• Shoreview
• St. Anthony Village
• St. Paul
• Vadnais Heights
• Washington County
• White Bear
• Woodbury

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General Information

In all proceedings for dissolution or legal separation, from the time after the proceedings begin and continuing until the youngest child reaches age 18, the court will grant parenting time on behalf of the child and a parent to enable the child and the parent to maintain a parent relationship. Minnesota law presumes that maintaining parent-child relationships is in the best interests of the children.

If the court finds, after a hearing, that parenting time with a parent is likely to endanger the child's physical or emotional health or impair the child's emotional development, the court will restrict parenting time with that parent. The court may limit the time, place, duration, or supervision or may deny parenting time entirely. The court will consider the age of the child and the child's prior relationship with the parent.

A parent's failure to pay child support because of an inability to do so will not be denied parenting time only for failing to pay.

The court may allow a law enforcement officer or other appropriate person to accompany a parent who is seeking to enforce or comply with parenting time.

At the request of either parent, an order for parenting time must include a specific schedule for parenting time, including the frequency and duration of visitation and visitation during holidays and vacations, unless parenting time is restricted, denied, or reserved.

In the absence of other evidence, the court will take the position that there is a rebuttable presumption that a parent is entitled to receive at least 25 percent of the parenting time for the child. The percentage of parenting time may be determined by calculating the number of overnights that a child spends with a parent.  The court may choose a method other than overnights if the parent has significant time periods on separate days when the child is in the parent's physical custody but does not stay overnight. The court may consider the age of the child in determining whether a child is with a parent for a significant period of time.

Domestic Abuse & Supervised Parenting Time

If a parent requests supervised parenting time and an order for protection or a similar law is in effect against the other parent to protect the parent with whom the child resides or the child, the judge or judicial officer must consider the order for protection in making a decision about parenting time.

Either parent may challenge the appropriateness of an individual chosen by the court to supervise parenting time.

Rights of Children and Parents

At the request of either parent, the court may inform any child of the parents, if the child is eight years of age or older or otherwise capable of understanding, of the rights of the child and each parent under the order or decree or any substantial amendment thereof.

The parent with whom the child resides will present the child for parenting time with the other parent at such times as the court directs.

Moving to Another State

The parent with whom the child resides is not permitted to move the residence of the child to another state except by order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree. If the purpose of the move is to interfere with parenting time given to the other parent by the decree, the court will not permit the child's residence to be moved to another state.

The court uses a best interests standard when considering the request of the parent with whom the child resides to move the child's residence to another state. The factors the court considers in determining the child's best interests include the following:

• The nature, quality, extent of involvement, and duration of the child's relationship with the parent proposing to relocate and with the nonrelocating parent, siblings, and other significant persons in the child's life;
• The age, developmental stage, and needs of the child, and the impact the relocation will have on the child's physical, educational, and emotional development, while taking into consideration special needs of the child;
• The feasibility of preserving the relationship between the nonrelocating parent and the child through suitable parenting time arrangements, and considering the logistics and financial circumstances of both parents;
• The child's preference, taking into consideration the age and maturity of the child;
• Whether there is an established pattern of conduct of the parent seeking relocation either to promote or thwart the relationship of the child and the nonrelocating parent;
• Whether the relocation of the child will enhance the quality of the life for both the custodial parent seeking the relocation and the child in terms of financial or emotional benefit or educational opportunity;
• The reasons of each parent for seeking or opposing the relocation;
• The effect on the safety and welfare of the child, or of the parent requesting to move the child's residence, with regard to domestic abuse.

The burden of proof is upon the parent who is requesting to move the residence of the child to another state.  The exception is that if the court finds that the parent who is requesting permission to move has been a victim of domestic abuse by the other parent, the burden of proof is upon the parent opposing the move. The court must consider all of the factors in this subdivision in determining the best interests of the child.

Modification of Parenting Plan or Order for Parenting Time

If modification would serve the best interests of the child, then the court will modify the decision-making provisions of a parenting plan or an order that grants or denies parenting time, if modification does not change the child's primary residence. The court cannot restrict parenting time unless it finds that:

• parenting time will endanger the child's physical or emotional health or impair the child's emotional development; or
• the parent has chronically and unreasonably failed to comply with court-ordered parenting time.

If a parent alleges that parenting time by the other parent places the first parent or child in danger of harm, then the court will hold a hearing as soon as possible to determine the need to modify the parenting time. The court may require a third party, such as the local social services agency, to supervise the parenting time. The court can restrict a parent's parenting time to protect the other parent or child from harm. If an order for protection is in effect, then the court may select an independent, neutral exchange location for parenting time.

Remedies

The following are the remedies for denial of or interference with court-ordered parenting time. All parenting time orders must include notice of the relevant provisions of Minnesota law.

If the court finds that a parent has been deprived of court-ordered parenting time, then the parent who has interfered must make up parenting time to the other parent in most cases. If compensatory parenting time is awarded, additional parenting time must be:

1. at least of the same type and duration as the deprived parenting time and, at the discretion of the court, may be in excess of or of a different type the deprived parenting time;
2. taken within one year after the deprived parenting time; and
3. at a time acceptable to the parent deprived of parenting time.

If the court finds that a parent has wrongfully failed to comply with a parenting time order or a binding agreement or decision, the court may:

• impose a civil penalty of up to $500 on the parent;
• require the parent to post a bond with the court for a specified period of time to secure the parent's compliance;
• award reasonable attorney fees and costs;
• require the parent who violated the parenting time order or binding agreement to reimburse the other parent for costs incurred as a result of the violation of the order or agreement or decision; or
• award any other remedy that the court finds to be in the best interests of the children involved.

If the court finds that a parent has been denied parenting time and has incurred expenses in connection with the denied parenting time, then the court may require the parent who denied parenting time to post a bond in favor of the other parent in the amount of prepaid expenses associated with upcoming planned parenting time.

Proof of an unwarranted denial of or interference with duly established parenting time may constitute contempt of court and may be sufficient cause for reversal of custody.

Additional Parenting Time for Child Care Parent

The court may permit additional parenting time to a parent to provide child care while the other parent is working if this arrangement is reasonable and in the best interests of the child. The court will consider:

• the ability of the parents to cooperate;
• the methods and the parents' willingness for resolving disputes regarding the care of the child;
• whether domestic abuse has occurred between the parents.