October 23, 2014

Parenting Time / Visitation

Minnesota Visitation Rights Lawyer

Rights to Visitation, Parenting Time – Courts in Minnesota give a strong preference to the award of liberal visitation to the non-custodial parent seeking to maintain a relationship with a child.   Minnesota statutes suggest that the non-custodial parent should be given at least ?? percent of the time with the children.

Rights to Visitation after Conviction of a Crime – Individuals convicted of certain crimes including but not limited to murder, first degree manslaughter, assault, kidnaping, deprivation of custodial rights, juvenile prostitution, criminal sexual conduct, neglect, terroristic 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.  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.  For minor modifications courts are not required to hold an evidentiary hearing, however, if the change is substantial typically a court will schedule an evidentiary hearing to make the determination.

Denial of Visitation Lawyer Minnesota – Interference or denial of visitation is a basis for reversal of custody in some cases.  Parents being denied the right to parenting time needs to seek the aid of the local police, an attorney or the court.  The Minnesota law also provides remedies for denial of visitation.  The remedies include, compensatory visitation, monetary penalty, and/or contempt of court.  The failure of one parent to pay child support is not a basis for denial of visitation.

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 courts will not approve a move whose purpose is to interfere with the non-custodial parents rights.  To obtain court permission the parent requesting the move must make a motion to the court and show that the move is for a legitimate purpose and not to deprive the non-custodial parent of parenting time.  The burden is on the custodial parent making the move.

Parenting Time / Visitation Expenses – Courts have the power to apportion the expense for transportation to and from parenting time.

Grand Parent Visitation Rights – Minnesota recognizes the rights of grandparents to visitation 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.

 

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