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2006 Minnesota Statutes

This is an historical version of this statute chapter. Also view the most recent published version.

518.175 PARENTING TIME.
    Subdivision 1. General. (a) In all proceedings for dissolution or legal separation, subsequent
to the commencement of the proceeding and continuing thereafter during the minority of the
child, the court shall, upon the request of either parent, grant such parenting time on behalf of the
child and a parent as will enable the child and the parent to maintain a child to parent relationship
that will be in the best interests of the child.
If the court finds, after a hearing, that parenting time with a parent is likely to endanger the
child's physical or emotional health or impair the child's emotional development, the court shall
restrict parenting time with that parent as to time, place, duration, or supervision and may deny
parenting time entirely, as the circumstances warrant. The court shall consider the age of the child
and the child's relationship with the parent prior to the commencement of the proceeding.
A parent's failure to pay support because of the parent's inability to do so shall not be
sufficient cause for denial of parenting time.
(b) The court may provide that a law enforcement officer or other appropriate person will
accompany a party seeking to enforce or comply with parenting time.
(c) Upon request of either party, to the extent practicable an order for parenting time must
include a specific schedule for parenting time, including the frequency and duration of visitation
and visitation during holidays and vacations, unless parenting time is restricted, denied, or
reserved.
(d) The court administrator shall provide a form for a pro se motion regarding parenting time
disputes, which includes provisions for indicating the relief requested, an affidavit in which the
party may state the facts of the dispute, and a brief description of the parenting time expeditor
process under section 518.1751. The form may not include a request for a change of custody. The
court shall provide instructions on serving and filing the motion.
(e) In the absence of other evidence, there is a rebuttable presumption that a parent is entitled
to receive at least 25 percent of the parenting time for the child. For purposes of this paragraph,
the percentage of parenting time may be determined by calculating the number of overnights
that a child spends with a parent or by using a method other than overnights if the parent has
significant time periods on separate days when the child is in the parent's physical custody but
does not stay overnight. The court may consider the age of the child in determining whether a
child is with a parent for a significant period of time.
    Subd. 1a. Domestic abuse; supervised parenting time. (a) If a parent requests supervised
parenting time under subdivision 1 or 5 and an order for protection under chapter 518B or a
similar law of another state is in effect against the other parent to protect the parent with whom
the child resides or the child, the judge or judicial officer must consider the order for protection in
making a decision regarding parenting time.
(b) The state court administrator, in consultation with representatives of parents and
other interested persons, shall develop standards to be met by persons who are responsible for
supervising parenting time. Either parent may challenge the appropriateness of an individual
chosen by the court to supervise parenting time.
    Subd. 2. Rights of children and parents. Upon the request of either parent, the court may
inform any child of the parties, if eight years of age or older, or otherwise of an age of suitable
comprehension, of the rights of the child and each parent under the order or decree or any
substantial amendment thereof. The parent with whom the child resides shall present the child for
parenting time with the other parent, at such times as the court directs.
    Subd. 3. Move to another state. (a) The parent with whom the child resides shall not move
the residence of the child to another state except upon order of the court or with the consent of the
other parent, if the other parent has been given parenting time by the decree. If the purpose of the
move is to interfere with parenting time given to the other parent by the decree, the court shall
not permit the child's residence to be moved to another state.
    (b) The court shall apply a best interests standard when considering the request of the parent
with whom the child resides to move the child's residence to another state. The factors the court
must consider in determining the child's best interests include, but are not limited to:
    (1) the nature, quality, extent of involvement, and duration of the child's relationship with the
person proposing to relocate and with the nonrelocating person, siblings, and other significant
persons in the child's life;
    (2) the age, developmental stage, needs of the child, and the likely impact the relocation will
have on the child's physical, educational, and emotional development, taking into consideration
special needs of the child;
    (3) the feasibility of preserving the relationship between the nonrelocating person and the
child through suitable parenting time arrangements, considering the logistics and financial
circumstances of the parties;
    (4) the child's preference, taking into consideration the age and maturity of the child;
    (5) whether there is an established pattern of conduct of the person seeking the relocation
either to promote or thwart the relationship of the child and the nonrelocating person;
    (6) whether the relocation of the child will enhance the general quality of the life for both the
custodial parent seeking the relocation and the child including, but not limited to, financial or
emotional benefit or educational opportunity;
    (7) the reasons of each person for seeking or opposing the relocation; and
    (8) the effect on the safety and welfare of the child, or of the parent requesting to move the
child's residence, of domestic abuse, as defined in section 518B.01.
    (c) The burden of proof is upon the parent requesting to move the residence of the child to
another state, except that if the court finds that the person requesting permission to move has been
a victim of domestic abuse by the other parent, the burden of proof is upon the parent opposing
the move. The court must consider all of the factors in this subdivision in determining the best
interests of the child.
    Subd. 4.[Repealed, 1996 c 391 art 1 s 6]
    Subd. 5. Modification of parenting plan or order for parenting time. If modification
would serve the best interests of the child, the court shall modify the decision-making provisions
of a parenting plan or an order granting or denying parenting time, if the modification would
not change the child's primary residence. Except as provided in section 631.52, the court may
not restrict parenting time unless it finds that:
(1) parenting time is likely to endanger the child's physical or emotional health or impair the
child's emotional development; or
(2) the parent has chronically and unreasonably failed to comply with court-ordered
parenting time.
If a parent makes specific allegations that parenting time by the other parent places the parent
or child in danger of harm, the court shall hold a hearing at the earliest possible time to determine
the need to modify the order granting parenting time. Consistent with subdivision 1a, the court
may require a third party, including the local social services agency, to supervise the parenting
time or may restrict a parent's parenting time if necessary to protect the other parent or child from
harm. If there is an existing order for protection governing the parties, the court shall consider the
use of an independent, neutral exchange location for parenting time.
    Subd. 6. Remedies. (a) The court may provide for one or more of the following remedies for
denial of or interference with court-ordered parenting time as provided under this subdivision. All
parenting time orders must include notice of the provisions of this subdivision.
(b) If the court finds that a person has been deprived of court-ordered parenting time, the
court shall order the parent who has interfered to allow compensatory parenting time to the other
parent or the court shall make specific findings as to why a request for compensatory parenting
time is denied. If compensatory parenting time is awarded, additional parenting time must be:
(1) at least of the same type and duration as the deprived parenting time and, at the discretion
of the court, may be in excess of or of a different type than the deprived parenting time;
(2) taken within one year after the deprived parenting time; and
(3) at a time acceptable to the parent deprived of parenting time.
(c) If the court finds that a party has wrongfully failed to comply with a parenting time order
or a binding agreement or decision under section 518.1751, the court may:
(1) impose a civil penalty of up to $500 on the party;
(2) require the party to post a bond with the court for a specified period of time to secure the
party's compliance;
(3) award reasonable attorney's fees and costs;
(4) require the party who violated the parenting time order or binding agreement or decision
of the parenting time expeditor to reimburse the other party for costs incurred as a result of the
violation of the order or agreement or decision; or
(5) award any other remedy that the court finds to be in the best interests of the children
involved.
A civil penalty imposed under this paragraph must be deposited in the county general fund
and must be used to fund the costs of a parenting time expeditor program in a county with this
program. In other counties, the civil penalty must be deposited in the state general fund.
(d) If the court finds that a party has been denied parenting time and has incurred expenses in
connection with the denied parenting time, the court may require the party who denied parenting
time to post a bond in favor of the other party in the amount of prepaid expenses associated with
upcoming planned parenting time.
(e) Proof of an unwarranted denial of or interference with duly established parenting time
may constitute contempt of court and may be sufficient cause for reversal of custody.
    Subd. 7.[Renumbered 518.1752]
    Subd. 8. Additional parenting time for child care parent. The court may allow additional
parenting time to a parent to provide child care while the other parent is working if this
arrangement is reasonable and in the best interests of the child, as defined in section 518.17,
subdivision 1
. In addition, the court shall consider:
(1) the ability of the parents to cooperate;
(2) methods for resolving disputes regarding the care of the child, and the parents' willingness
to use those methods; and
(3) whether domestic abuse, as defined in section 518B.01, has occurred between the parties.
History: 1971 c 172 s 1; 1974 c 107 s 15; 1978 c 772 s 40-42; 1979 c 259 s 18,19; 1982 c 537
s 1; 1986 c 406 s 3; 1986 c 444; 1988 c 668 s 14; 1989 c 248 s 4,5; 1990 c 574 s 15; 1993 c 62 s 2;
1993 c 322 s 9; 1994 c 631 s 31; 1995 c 257 art 1 s 20; 1996 c 391 art 1 s 1,2; 1997 c 239 art 7 s
8,9; 1997 c 245 art 2 s 2; 2000 c 444 art 1 s 4; art 2 s 26-31; 2001 c 51 s 8,17; 2006 c 280 s 11-13

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