Minnesota Parenting Time Attorney

In any divorce with children or paternity matter, there needs to be a determination about the amount of parenting time the child spends with each parent.  The parenting time statute provides that there is a rebuttable presumption that a parent is entitled to receive at least 25 percent parenting time with the child. Only if a 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, will the court restrict parenting time with that parent as to time, place, duration, or supervision and may deny parenting time entirely, as circumstances warrant.

For purposes of determining parenting time, 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.

With the enactment of the 2007 child support laws, the amount of parenting time allocated to each parent affects the amount of child support paid.  Assuming joint legal custody and sole physical custody to one parent with 25% parenting time to the other parent, the parent with 25% parenting time will be given a 12% reduction in their child support obligation.  That percentage stays the same until his or her parenting time reaches 45.1% at which time child support is reduced significantly.

A common 25% parenting time schedule for school age children is alternating weekends, one or two evenings during the week and alternating holidays.  However, the parties are free to create their own  schedule as long as it is based on the best interests of the child.  It is not unusual for a schedule to be different in the summer than the school year as most children have more free time during the summer.

Contact the Law Office of Cynthia J Miller

If you or someone you know is in need of a qualified Minnesota Family Law Lawyer, contact the Law Office of Cynthia J Miller today at (651) 336-4006. We offer two locations in Princeton and Minneapolis and provide free consultations.