Statutes

Minnesota Statutes Chapter 517-519A:

• Section 518.155 (custody determination)
• Section 518.175 (parenting time)
• Section 518.619 (child visitation; mediation services)
• Section 518.1751 (parenting time dispute resolution)
• Section 518.1752 (grandparent visitation)

Parenting Plans

Parenting time may be set in a parenting plan if the parties agree to it. A parenting plan states the time that each parent will spend with the child and who will make decisions for the child.

Parenting Time Restrictions

Typical Visitation Provisions

Typically, the noncustodial parent receives a minimum of 25% of parenting time. However, a judge may order parenting time for the noncustodial parent to less than 25% if it's not in the child's best interests and if it's likely to harm the child's emotional and physical well-being.

The court may limit parenting time by:

• Ordering supervised visitation; visitation is supervised by the other parent or a third party (a relative or someone from an agency like a county welfare department);
• Banning overnight visits;
• Putting conditions on visits such as mandating that the parent attend drug or alcohol rehab or treatment or that the parent must abstain from alcohol and/or drugs before, during, and after visits.

Denial of Visitation Rights

If a parent has concerns about the other parent, they may request a change in the parenting time order. The court will modify the order if the parent poses a threat to the child or parent's safety or if the other parent has consistently violated the parenting time agreement.

However, a parent can't deny the visitation rights of the other parent without cause. For instance, a parent's failure to pay support because of their inability to pay is not a sufficient reason. If this occurs, the court may do the following:

• Allow the parent to make-up the missed parenting time;
• Find the violating parent in contempt of court, which includes paying fines;
• Use the denial of parenting time as a factor to changing custody.

Child Relocation

A parent who has been granted parenting time must give their permission (in writing) if the custodial parent wants to move the child out of state.

It's a crime for the parent and child to move without the permission and the custodial parent could lose custody as a result.

If the parent doesn't give permission, then the parents must go to court for a ruling on the proposed move.