Parenting Time in Minnesota

Minnesota Statutes included a new public policy statement as of August 2024 urging courts to:

(1)   Ensure that each child has frequent and substantial contact with each parent, as long as the parents have shown the ability to act in the child’s best interests;

(2)   Ensure that parents provide a safe and nurturing environment for each child; and

(3)   Encourage parents to share the rights and duties of raising their child.

 

This statement is a general directive to the courts on how the laws are to be applied.

 

Temporary Custody

 

Temporary Custody can be an important issue.  When parents separate, there is often an imbalance of power, particularly for unmarried parents, where one parent can control and dictate when the other parent may see the children.  As a result, in any custody case or divorce case, either parent may seek to schedule a temporary hearing. Among the issues that may be addressed at temporary hearings is child custody and parenting time.  Temporary hearings generally do not involve testimony and court decisions are based on the Motions, affidavits and arguments of the parties and their attorneys.

 

Situations do occur where one parent has had very little involvement in the child’s life up until the motion was filed. To remedy this issue, in August 2024 the Minnesota Legislature clarified that, not only are Courts required to consider the child’s parenting time with each parent before the action was commenced, but, if the child’s access to a parent was limited or restricted before the court case began, the court must now determine custody and parenting time in a manner that supports the child’s opportunity to develop a relationship with both parents.  This is an important step t to allow parents to move forward in establishing a relationship with a child before greater parenting tie may occur. 

 

Can I File for Emergency Access in Parenting Time Disputes?

 

We are regularly asked to file emergency motions when parenting time is being denied by one parent.  However, Emergency or Ex Parte Motions are more complex than most people know. generally, such a motion requires  a showing of actual endangerment or irreparable harm.  It is not sufficient to simply argue that keeping the child away from one parent harms them.  Courts would routinely find that a mere denial of parenting time does not warrant an expedited hearing.

 

However, effective August 1, 2024, the law does require the court to give priority to scheduling and holding an expedited hearing (within 30 days) for temporary relief when a party credibly alleges that they have been denied parenting time for 14 consecutive days. In ruling on this issue, the court must consider credible allegations of domestic abuse, substance abuse, maltreatment findings, or neglect as a reasonable basis for a party who has denied parenting time to the other party.

 

You should always consult with an attorney on the ever changing laws in Minnesota.