Sometimes people come to our office thinking that there is no way for them to change a parenting time schedule once it has been established. This is not true. It is possible (and fairly common) for parents to revisit a parenting time schedule for a number of reasons. For example, the child may be much older than he/she was when the parenting time schedule was established, one parent may have moved farther/closer to the other parent, etc.
In order to change a parenting time schedule, you have to show that a change is in the best interests of your child. Under Minnesota law, the Court will look to the best interest factors listed in Minnesota Statute § 518.17. You can learn more about these best interest factors here.
In most cases, the steps to modifying a parenting time schedule are as follows:
- Step 1: Consult with an attorney regarding your specific situation
- Step 2: File Motion Paperwork
- Step 3: Attend Mediation or engage in settlement negotiations
- Step 4: If Step 3 is unsuccessful, attend a Motion Hearing
Following the Motion Hearing, the Court will make a decision as to whether changing the parenting time schedule is in the best interests of the minor child.
In some cases, it makes more sense to switch Step 2 and Step 3 so that you can attempt to reach an agreement before costs are incurred relative to the drafting of your motion paperwork. Either way, you will likely try to resolve the matter through negotiations prior to going to Court.
If you have any questions about your custody proceeding or if you are in a pending custody proceeding, please call me today at 952-800-2025 or reach out via our online contact form to set up your free consultation.
