Minnesota Child Visitation Rights
In Minnesota, custody and visitation rights prioritize the child’s best interests while ensuring parental rights. Custody may be joint or sole, with a structured parenting time schedule to foster parent-child relationships.
After legal separation or divorce, parents with children must work together to make decisions about child custody. If they can’t reach a consensus concerning custody and visitation, then the court will have to decide.
When the child lives with one parent, the other parent (referred to as the noncustodial parent) typically receives visitation or parenting time with the child. The purpose of parenting time is to maintain the parent/child relationship even though the parties aren’t living together.
Custody and Visitation Rights in Minnesota
In Minnesota, custody and visitation rights are structured to prioritize the best interests of the child while upholding parental rights. Custody arrangements may include joint legal custody, where both parents share decision-making responsibilities, or joint physical custody, allowing the child to live with both parents.
Alternatively, sole physical custody can be granted to one parent. Minnesota courts also address the unique challenges faced by unmarried parents, ensuring that their custody and visitation rights are protected.
A parenting time schedule, which includes regular visits and overnights, is crafted to foster meaningful relationships between the child and both parents. When parents cannot agree on a custody arrangement, the courts intervene to establish a fair and practical plan that supports the child’s overall well-being and development.
Minnesota Child Visitation Laws at a Glance
The ideal way to understand complex statutes is to consult with an attorney. However, you can also learn about the law with a helpful breakdown of state statutes that’s written in plain language. Read the chart below for a breakdown of Minnesota laws on child visitation rights.
Minnesota Child Visitation Statutes |
Minnesota Statutes Chapter 517-519A: |
|---|---|
Minnesota Parenting Plans |
Parenting time may be set in a parenting plan if the parties agree to it. A parenting plan states when each parent will spend time with the child and who will make decisions for the child. |
Minnesota 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 be less than 25% if it’s not in the child’s best interests and if it’s likely to harm the child’s emotional health and physical well-being. The court may limit parenting time by:
Denial of Visitation Rights If a parent has concerns about the other parent, they may request a change in the parenting time order. A family court will modify the order if the other parent poses a threat to the child’s or the 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 child support because of their inability to pay is not a sufficient reason. If this occurs, the court may do the following:
|
Minnesota 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 a parent doesn’t give permission, then the parents must go to court for a ruling on the proposed move. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Minnesota Child Visitation Rights: Related Resources
Need Help With Minnesota Child Visitation Rights? Contact an Experienced Lawyer
If you’re a parent who needs help asserting your visitation rights or you want to change the parenting time agreement, then you should talk to an experienced lawyer. Contact a Minnesota family law attorney near you today for legal advice on your custody case.
Can I Solve This on My Own or Do I Need an Attorney?
- Family law matters are often complex and require a lawyer
- Lawyers can protect your rights and seek the best outcome
Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.
Stay Up-to-Date With How the Law Affects Your Life
Enter your email address to subscribe
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.