Minnesota Modifications of Parenting Time

MINNESOTA MODIFICATIONS OF PARENTING TIME

Generally, to modify an existing parenting time schedule, the Court applies a "best interests of the child" analysis.  Minnesota law provides, "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."

However, for substantial modifications of parenting time, that are tantamount to a modification of child custody, the Court's apply the same "endangerment" standard as with modifications of child custody.  Minnesota law provides:

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. 

The Court may require that such parenting time be supervised and "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.