Parenting Time (Visitation) and Parenting Plans

When parents are separated, the court usually wants both parents to be involved with their children. Parenting time is the time that each parent spends with a child. It does not matter who has custody or what kind of custody. Parenting time is the same as visitation. 

Divorce and custody cases are complicated and affect important legal rights. It is best to get legal advice from a lawyer.  

Parenting time can be set by the Court. Even if one parent is granted sole custody, the other parent (also called the “noncustodial parent”) can be awarded parenting time. The Court can also establish a parenting time schedule when parents share custody. Parenting time must be in the child’s “best interest.” To set parenting time, the court looks at things like the child’s age, the child’s safety, and the child’s past relationship with the noncustodial parent. There are 12 “best interest” factors the Court must consider. See our fact sheet Paternity and Child Custody for the list. 

In general, a noncustodial parent gets a minimum of 25% of the parenting time. This is calculated by counting the number of overnights in a 2-week period. For example, 25% equals about every other weekend and one day a week. If one parent does not spend overnights with the child, the court may look at other long time periods that the child spends with that parent. 

Sometimes, the court gives “reasonable parenting time” without getting specific. In this case the parents have to figure out a schedule on their own. But, if either parent asks, the court sets specific dates and times for parenting time.  

The court may give more parenting time to one parent to care for the child while the other parent works. If you ask for this, the court looks at how well the parents cooperate, how well the parents work together on visiting issues and if there has been family violence.  

The court may appoint a parenting time “expeditor.” This is someone who helps parents when they have a disagreement about parenting time. The expeditor listens to both sides of a disagreement and makes a decision.  

Sometimes the court orders 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.  

There is a cost for a parenting time expeditor. The Court can’t require parties to use a parenting time expeditor if either party claims to be a victim of abuse, or either party can’t afford the expeditor. 

It is never unreasonable to deny parenting time to keep a child safe from immediate danger. 

If your child is in immediate danger by having parenting time with the other parent, you can bring an emergency motion to the court. An emergency motion is called an Ex Parte motion and is reviewed by the court more quickly than a regular motion. But the court only grants an Ex Parte motion in a true emergency.  

Enforcing a parenting time order can be hard, especially if the child is older and doesn’t want to visit the other parent. But a parenting time court order can be enforced until the child turns 18. 

If the parent thinks this may happen in the future, they should ask the court to put language in the parenting plan that says law enforcement may act "with full force" 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. 

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 does not agree to the move, the parents 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 that parent was a victim of domestic violence by the other parent. The court looks 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 decides if the parent and child can move.  

If the other parent doesn’t have court set parenting time, the custodial parent can move any time.  

There is more information on Parenting Time and forms you can use at:  

www.mncourts.gov. 

No. You and the other parent decide if you want to make a Parenting Plan. You don’t have to, and sometimes it is not a good idea. Sometimes the court makes one for you, but they won’t if one parent has committed domestic abuse against the other parent or the child. 

Remember, you can make a parenting plan even if you were never married or living together.  

The Plan must have 

AND 

If one parent has committed domestic abuse against the other parent or a child