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Parenting Time

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Creating an Appropriate Plan for Parenting Time

“Parenting time” and “visitation” mean the same thing in North Dakota. When parties, or the court, decide how to share a child’s time with each parent, the parent with less than 50% of the overnights with the child will receive “parenting time.”

Several factors play into these decisions. For example, a court may consider a parent’s work schedule, the child’s age and sometimes, the child’s involvement in activities.

Parvey, Larson, and McLean, PLLC, in West Fargo, provides valuable counsel to divorcing and separated parents throughout this region, also serving many families in western Minnesota. Our knowledge of family courts’ expectations can help streamline the necessary legal processes for families while allowing for careful consideration of each family’s circumstances and children’s unique needs.

Steps for Arriving at Acceptable Parenting Time Schedules

When crafting a parenting-time schedule, it’s also important to understand that the more specific and all-encompassing the parenting time schedule is, the more likely the agreement will stand the test of time and avoid future problems and, potentially, additional litigation.

When the parties are unable to agree upon a parenting time schedule, there are ways to break the impasse. Most parenting time cases in North Dakota will be referred to a mediator prior to any court hearings. If the parties cannot reach an agreement through their attorneys or use of a mediator, the court will make the final parenting time decision. When the courts order a parenting time schedule, they do so based on a thorough analysis of the statutory best interests of the child factors, which are a part of North Dakota law. 

Minnesota Legalities and General Principles Regarding Parenting Time

Minnesota has a presumption that a parent should have at least 25% of the annual overnights with the child. As part of a custody determination, parenting time for the noncustodial parent may equal less than 45.1% of the overnights with the child. The time they spend with the child in such a case is referred to as parenting time.

There is more than one way to create a parenting schedule. If you are unable to reach a parenting time schedule by agreement, options such as mediation or arbitration may be available to you. If mediation or arbitration does not work, the court will make the final parenting time decision. When the courts order a parenting time schedule, they do so based on a thorough analysis of the statutory best interests of the child factors under Minnesota law. 

Schedule a Consultation

Our attorneys at Parvey, Larson, and McLean look forward to helping you resolve this often difficult area that can shape family dynamics for years to come. You are not alone. Call 701-532-0702 or contact us to request an appointment with a dedicated child custody lawyer.

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