Minnesota Parenting Time & Child Visitation Rights Lawyers
Custody and parenting time can be one of the most emotionally difficult aspects of a divorce because all parties will need to transition to a new schedule and new surroundings. Regardless of the custody labels, legal and physical custody, noncustodial parents are usually entitled to visitation with a child. This is true whether the parents were married or not; the marital status of the parents only affects the procedure used to establish parenting time. The amount of visitation will vary with the desires of the parents and the inclinations of the judge, but Minnesota Statutes allow for a rebuttable presumption that a noncustodial parent should have at least 25% of parenting time with their child unless there has been domestic abuse.
Modifying an Existing Parenting Time Schedule and Custody Labels
If you have already been through the process of establishing a parenting time schedule and custody labels, it is possible to modify it. If both parents agree to a change, the parties can put that change in writing and submit it to the court. Otherwise, the parties may try to settle the issue in mediation, negotiate between counsel, or submit the issue to the court to determine which parenting time schedule is best for the children.
The courts look at the best interest of the child to determine whether a modification of a parenting time schedule or custody labels is appropriate. Minnesota Statutes provide thirteen factors that the court analyzes to make this decision, which can be found here: https://www.revisor.mn.gov/statutes/cite/518.17. All thirteen factors must be considered; a judge may not look at one individual factor to the exclusion of all others. There are no time limitations on how often a parent may go to court to modify a parenting time schedule or custody labels.
If you would like to modify an existing parenting time schedule or custody labels, contact the family law attorneys at Heimerl & Lammers today to set up a free consultation.
Effect of Child Support on Parenting Time
Child support payments are independent of visitation rights, so a custodial parent may not deny visitation if the noncustodial parent falls behind on child support payments and a noncustodial parent may not stop payment of child support because of denied parenting time. If you have questions about parenting time or its interaction with child support, contact the experienced family law attorneys at Heimerl & Lammers today.
Our Family Law Attorneys
The family law attorneys at Heimerl & Lammers have strong roots in the Minneapolis / St. Paul community and are dedicated to helping you with all of your family law needs.
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All of our attorneys are familiar with resources and programs available to families in the Twin Cities. The majority of their time is spent handling cases in all areas of family law, from divorce, to custody, to adoption.
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The attorneys and staff at our firm take the time to actually listen to our clients. We will carefully explain the process you are facing and guide you through it while looking out for your best interests. We know that each client’s individual situation is unique and important to them. Therefore, we won’t treat your representation with the “cookie-cutter” approach other law firms seem to take.
If you need to speak with an attorney, contact us today. We can assist with a wide array of issues, including divorce, child custody, family law, personal injury, wrongful death, construction injuries, truck accident injuries, and workers’ compensation.
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