Even if you do not have custody of your child, you still have parenting time rights. “Parenting time” refers to the amount of time that the non-custodial parent (parent that does not have physical custody) spends with the minor child. In many divorces or separations, child custody is a major issue.
Settling a custody dispute means making a visitation or parenting time schedule for the parents to follow. The schedule has to work for the child and both parents, and must be in the child’s best interests. It is always a good idea to have a very specific schedule of parenting time so that there is no confusion or subsequent dispute about parenting time.
Awarding and Suspending Parenting Time
The parenting time that is ultimately awarded depends upon the specific facts of each particular case. Minnesota Law, however, does set forth a minimum percentage of visitation or parenting time that must be awarded to the non-custodial parent, which is twenty-five percent (25%). Note that the 25% parenting time is a presumption and this can be overcome based upon issues that may impact the child.
The Court also has the authority to suspend parenting time, require supervised time (typically conducted at a safety center), or award parenting time subject to meeting certain conditions (e.g. attendance at AA, intensive therapy, etc). The parties can also agree to the issues of custody and parenting time based on what they believe is in their child’s best interests.
Our Minnesota parenting time attorneys will work with you to help you understand the process and will strive for a fair parenting time schedule that reflects the best interest of the child.
Child Support and Parenting Time
Parenting time and child support are separate issues for the court. Even if you have not paid child support, you still have the right to spend time with your child. According to Minnesota law, child support is not taken into consideration when determining how much time you are allowed to spend with your child.
With the help of an experienced attorney, you can make a strong case for the amount of visitation and parenting time you and your children deserve. At Alithis Family Law, our lawyers pride themselves on how they serve our clients through custody disputes. Please reach out today for your free consultation—you can call our office at (952) 800-2025 or contact us by email at info@alithisfamilylaw.com.
