Education for Justice FACT SHEET F-4 Fall 2009
PARENTING TIME (VISITATION)
When parents are separated, the court usually wants both parents to be involved with their children. The parent who does not have custody of the children usually gets parenting time. Parenting time is the same as visitation.
HOW IS PARENTING TIME SET?
Parenting time is given by the court to the parent who doesn’t have custody (also called “noncustodial parent”). The idea is to let the child and the parent keep up their relationship. Parenting time must be in the child’s best interest. To set parenting time, the court looks at the child’s age, the child’s safety, and the child’s past relationship with the noncustodial parent.
Often, the court gives “reasonable parenting time” without getting specific. The parents must then figure out visit times and places. But, if either parent asks, the court will set specific dates and times for parenting time.
The court may give more parenting time to the noncustodial parent to care for the child while the custodial parent works. If you ask for this, the court will look at how well the parents cooperate, how well the parents work together on visiting issues and whether there has been family violence. The court will not lower the child support because of added parenting time.
Parents can agree to use a “Parenting Plan.” They work on writing a plan that states the time each parent will spend with the child and how they are going to make decisions about the child.
WHAT ABOUT LIMITS ON PARENTING TIME?
The court can limit parenting time if it is likely to harm the child’s physical or emotional health or emotional growth. It can also limit parenting time if the noncustodial parent breaks the court’s order on parenting time without a good reason.
The court can limit parenting by:
· Ruling it must be supervised by the other parent, or someone else, like the county welfare department or a relative.
· Not allowing overnight visits.
The court can also put conditions on parenting time, such as making the noncustodial parent be sober for a certain period before and during parenting time. The court can order drug or alcohol treatment.
If the person who wants parenting time has been convicted of certain crimes like:
They have to prove that spending time with the child is in the child’s best interest. This rule applies only to certain degrees of some crimes.
WHAT IS A PARENTING TIME EXPEDITOR?
The court may ask for a parenting time “expeditor”. This is someone who listens to both sides of a parenting time disagreement and makes a decision. Sometimes the court will order that the decision is “binding” (has to be followed) unless one side goes to court and the court changes it. In other cases, the decision is “non-binding” and does not have to be followed unless the judge orders that it be followed.
HOW CAN PARENTING TIME BE CHANGED?
Parents can agree to change parenting time. For example, either parent can ask the other
parent to skip a visit and make it up another time. If the parents don’t agree, a parent can ask
the court to change parenting time if it is best for the child. If the custodial parent states that parenting
time puts them or the child in danger, there must be a hearing. The hearing must be as soon as possible.
CAN THE PARENT WITH CUSTODY DENY PARENTING TIME?
In general, no. If there is a problem, that parent must get the parenting time order changed. The court will change it if there is a danger to the custodial parent or the child, or if the other parent has constantly broken the parenting time agreement. Before going to court, you can’t deny parenting time unless you or the child is in immediate danger. Go to court as soon as you can.
If the parent with custody denies parenting time without a good reason, the court can:
· Let the other parent make up the missed parenting time.
· Find him/her in contempt of court which has fines up to $500.
· Use the unfair denials of parenting time as a factor in changing custody.
It is never unreasonable to deny parenting time to keep a child safe.
ENFORCEMENT OF PARENTING TIME
Enforcing a parenting time order may often be difficult, especially if the child is older and does not want to visit the other parent. But a parenting time court order can be enforced until the child turns 18.
If the parent that the child does not live with thinks this may happen in the future, they should ask the court to put language in the parenting plan that says law enforcement can be called if the order is not followed. If they already have an order and are having problems, they could choose to ask the court for help.
If there is evidence that the non custodial parent does not offer a safe or appropriate environment for the child, the custodial parent can ask the court to change the order.
CAN A CUSTODIAL PARENT MOVE OUT OF STATE?
If a
custodial parent wants to move out of state they have to get permission from
the parent who has parenting time. The
permission has to be in writing. If they
leave without permission, it is a crime and they could lose custody. If the other parent will not agree to the
move, the parents will have to go to court.
The parent with custody has to show the court that the move is in the
child's best interests unless the custodial parent was a victim of domestic
violence by the other parent. The court will look at several things, like
parenting time agreements, the emotional needs of the child, and if the move is
a plan to keep the other parent from seeing the child. Then the court will decide if it will let the
parent and child move.
CAN GRANDPARENTS SEEK VISITATION?
Yes, if:
The court will consider the best interests of the child, the amount of contact between the child and the grandparent and whether or not the visits will interfere with the child’s relationship with his/her parents.
There are forms you can use in parenting time matters at www.mncourts.gov.
|
MN Legal Services
Coalition |
Don’t use this fact sheet if it is more than 1 year old. Write us for updates,
a fact sheet list, or alternate formats. Fact Sheets aren’t a
complete answer to a legal problem. See a lawyer for
advice. |