As part of a custody determination, a parent may have less than 45.1% of the overnights with the child. The time the receive with the child is referred to as parenting time. Minnesota created a presumption that a parent should have at least 25% of the annual overnights with the child.
There is more than one way to create parenting schedule. 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. 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.
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 do not work, the court will make the final parenting time decision. When the courts order a parenting time schedule, they do so base on a thorough analysis of the statutory best interests of the child factors under Minnesota law.