Rochester Minnesota Parenting Time Lawyer

Parenting Time Attorney Minnesota

Parenting time, also called visitation, is the parent’s right to spend time with the children.  A parenting time schedule can be agreed to by the parents or ordered by the Court. It can be as restrictive as a few hours of supervised visits a week or “reasonable and liberal” where each parent has approximately half the time with the children. If you need help with setting or enforcing a parenting time schedule, contact a Rochester Minnesota parenting time attorney to see how we can help.

Parenting Time Establishment and Modification

Usually parenting time is one of the issues determined during a divorce, legal separation or custody proceeding. Minnesota law presumes that it is in the children’s best interest to have a relationship with both parents.  Therefore, the court will grant each parent such parenting time as will enable them to maintain a parent-child relationship that is in the children’s best interests. Minnesota law also presumes that a parent is entitled to parent their children at least 25% of the time. This presumption can be overcome if it is shown that it is not in a child’s best interest to have a relationship or such extensive time with a particular parent.  A parenting time schedule should allow some flexibility to take into consideration the parties’ work schedules, children’s school and after-school activities, and any special needs or circumstances.

As time passes, children grow, their schedules change, and the circumstances of parents may change as well.  The parenting time schedule that worked well when children were 4-5 years old often does not work once they turn 10-11 years old. It may be time to modify the parenting time schedule. We will work with you and the other party to see if an agreement can be reached to amend the parenting time order. Alternatively, if the parents cannot agree on a schedule, we recommend that they submit their disputes to a mediator or a Parenting Time Expediter. Finally, when necessary, we will bring a court action if the other party is willfully non-cooperative and is not allowing you to have a meaningful time to parent your children.

Parenting Time Expeditor

A parenting time expeditor (PTE) is a professional third party who is named in a court order or agreed-to by the parties to provide assistance to parents by establishing, implementing, and clarifying the court order, and handling circumstances not specifically addressed by the existing order. The PTE will meet with each parent regarding issues they are having trouble resolving and then the PTE will make a determination of what the ongoing schedule will look like. Often the court order appointing the PTE will state that a PTE decision becomes the order of the court unless either party files a motion to modify it.

Parenting Time and Child Support

Parenting time and child support are closely connected in some respects. When it comes to child support, the amount of parenting time will influence how much child support will be. Please see the child support page for a more detailed description. 

On the other hand, parenting time and child support are separate issues.  The best interests of the child control the extent of parenting time granted to each parent. The fact that you pay child support does not automatically entitle you to parenting time. By the same token, the fact that you may not be able to pay child support does not automatically mean that you will not get to see your children.

Request a Free Consultation

If you have additional questions about Parenting Time in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call  507.206.6020 or complete our free case evaluation form.