Created by FindLaw's team of legal writers and editors | Last reviewed March 22, 2019
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Parents can work together to make decisions about custody after their romantic relationship ends. If they can't reach a consensus concerning custody and visitation, then the court will 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.
The ideal way to get help with understanding complex statutes is by consulting 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 child visitation rights in Minnesota.
Statutes |
Minnesota Statutes Chapter 517-519A: |
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:
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:
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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. |
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.
If you're a parent who needs help asserting their visitation rights or you want to change the parenting time agreement, then you should talk to an experienced lawyer. Contact a Minnesota child custody attorney near you today to learn more.
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