Parenting Time in Minnesota | Planning Parenting Schedules That Work
Parenting Time and Custody Are Not the Same
One thing that can be confusing in Minnesota divorce cases is that parenting time and custody are not the same thing. Custody is about decision making. Parenting time, on the other hand, refers to the actual schedule of days and overnights that a child spends with each parent.
I view parenting time as a planning exercise. In Early Neutral Evaluation or in court, parenting time can involve a highly nuanced discussion. This is because a parenting time schedule that might be appropriate for a 12-year-old, for example, might not be appropriate for a 3-year-old. My clients and I thoroughly discuss this issue so that we can develop a plan that evaluators and courts find reasonable.
Minnesota Parenting Time Categories
There are four parenting time categories that parents need to consider. Courts conceptualize parenting time this way because it aligns with what happens with divorced families in real life.
The categories are:
- Regular parenting time
- Vacation parenting time
- School release days
- Holiday parenting time
Regular Parenting Time
In Minnesota, regular parenting time is the routine schedule that the child follows. The schedule should be tailored to the age and maturity of the child. For example, most Minnesota evaluators and judges believe that an infant should have frequent contact with both parents, several times each week. An older child usually goes for longer stretches without seeing one parent or the other.
Vacation Parenting Time
In Minnesota, vacation parenting time is usually an important component of a parenting time schedule. Typically, this is one or two contiguous weeks during the summer break from school where a parent can take the child on a trip out of Minnesota, or a trip to stay up north at the cabin, or to stay with grandparents. This requires a bit of care to set up in the divorce decree because, after the divorce, there is often conflict between the parents about which parent gets to pick which weeks. An important thing to remember about vacation parenting time is that it takes priority over regular parenting time.
School Release Days
Courts often allocate parenting time on school release days, if there is more than one at a time. Sometimes the parent who has parenting time has the child on the school release day if it’s just one day. But, if there are multiple school release days, like winter break and spring break, these are often allocated specifically to each parent.
In Minnesota, there is one school release day that is almost always treated as a long, four-day holiday weekend. That is the MEA break that occurs in late October. Often parents will plan a short trip during this break, and this needs to be allocated in the holiday parenting time schedule. MEA break is important, and the traditions surrounding MEA break are unique to Minnesota.
Holiday Parenting Time
Minnesota courts usually allocate holiday parenting time equally. The specific holidays can vary from family to family, as certain holidays may be more important to one religious tradition than another. I talk to my clients about this in detail, because often the client celebrates a holiday that I am not aware of. I ask the right questions early. For example, I once had a client who was a naturalized U.S. citizen. They said that they celebrated the Independence Day of their country of origin. They wanted to make sure that they had the children that day so that the children could participate in an important and fun family tradition.
It is important to keep in mind that holiday parenting time takes precedence over all other parenting time. So, holiday parenting time takes priority over school release days, vacation parenting time, and regular parenting time.
Clarity is important when planning parenting time, and careful drafting here often prevents disputes years later.
Custody and Parenting Time Evaluations in Minnesota
In Minnesota, in divorce cases where there is strong disagreement, courts have the option to appoint what is called a Custody and Parenting Time Evaluator. This is an individual (usually a psychologist, licensed social worker, or experienced attorney) who will meet with the family, talk to collateral sources, and prepare a lengthy written report which is filed with the court.
This evaluator is not the same as an Early Neutral Evaluator. An Early Neutral Evaluation last 3 to 4 hours, and if there is no agreement the result is confidential. A formal Custody and Parenting Time Evaluation can take a month or more to complete, and the evaluator may spend a total of 30 hours or more. And, the result is a written report, containing recommendations, that is submitted to the court.
Planning Parenting Time With Legal Guidance
If you think that your case is headed towards a formal Custody and Parenting Time Evaluation, it is important that you confer with an experienced attorney early in the thought process. My experience is that with careful preparation, a client can effectively tell their story, and that of their family, with credibility. One key to this is a concept that I call “child-centered reasoning.” In other words, my clients and I discuss the child’s experience of parenting time and then develop a plan that places this insight at the forefront of discussions with Early Neutral Evaluators and Custody and Parenting Time Evaluators.
If you have questions about planning parenting time in Minnesota, or if you need to understand your options, feel free to call me at (952) 270-7700 to schedule an initial consultation.
