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In general, a noncustodial parent gets a minimum of 25% of the parenting time. This is calculated by counting the number of overnights in a 2-week period. For example, 25% equals about every other weekend and one day a week.
Per Minnesota law, there is a rebuttable presumption that a parent is entitled to receive at least 25% of the parenting time. [9] Three out of 14 overnights would only afford a party 21% parenting time.
Parents may agree to change their parenting time schedule without going to court. However, parents must obtain a court order if they want a parenting time schedule, or changes to a parenting time schedule, to be legally enforceable.
No. In Minnesota, joint custody does not necessarily mean you will have a 50-50 parenting time arrangement. A 50-50 split is just one possible parenting time arrangement that may be decided upon if two parents have joint custody.
There is no set age in Minnesota when a child chooses to not see a parent. Parenting time is determined by the best interests of a child which is measured by twelve separate factors. One of the twelve factors is the reasonable preference of a child depending upon his or her age and maturity.
In Minnesota, fathers generally have the same legal rights to custody of their child as mothers do. However, unmarried fathers must first establish paternity, also referred to as parentage, before being considered a child's legal father.
In most cases, the law presumes that a parent is entitled to receive at least 25% parenting time with a child. Keep in mind that 25% is only the presumed minimum amount of time that a child should spend with their parent.