Parenting Time and Visitation in Minnesota
Rights to Visitation, Parenting Time
Courts in Minnesota give a strong preference to the award of liberal visitation to the noncustodial parent seeking to maintain a relationship with a child.
Rights to Visitation after Conviction of a Crime
Individuals convicted of certain crimes including but not limited to murder, first degree manslaughter, assault, kidnapping, deprivation of custodial rights, juvenile prostitution, criminal sexual conduct, neglect, terrorist threats and felony harassment or stalking must show that parenting time is in the best interests of the child by clear and convincing evidence.
Modification of Parenting Time (Visitation)
Modifications for parenting time in Minnesota are reviewed with the best interests of the child in mind. Courts may not limit visitation unless the visitation will endanger the physical or emotional health of the child or if the court determines that a parent has not complied with court-ordered visitation.
Denial of Visitation
Interference or denial of visitation is a basis for reversal of custody in some cases. Parents being denied the right to parenting time need to seek the aid of the local police, an attorney or the court. Minnesota visitation law also provides remedies for denial of visitation, which include compensatory visitation, monetary penalty and contempt of court,
Removal of The Child From the State of Minnesota
The custodial parent may not move the residence of a child to another state unless the other parent consents or the court approves the move. Minnesota visitation courts will not approve a move whose purpose is to interfere with the non-custodial parent’s rights. To obtain court permission the parent requesting the move must make a motion to the court where the original action was filed. Typically, a hearing is held where the moving party explains why such a move is necessary and how parenting time will be available for the other parent.
Parenting Time Expenses
Parenting time courts have the power to apportion the expense for transportation to and from parenting time
Grandparent Visitation
Minnesota visitation courts have recognized the rights of grandparents to visit with the grandchild in some situations. Typically, grandparents can exercise rights to visitation when the parent who is their child is deceased, during a proceeding for divorce, child custody or parentage, or when the child has resided with the grandparents for 12 months or more.
Visitation issues are complex and should be handled with the help of a Minnesota visitation lawyer.