Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Minnesota Child Visitation Rights: Related Resources, If You Need Help with Minnesota Child Visitation Rights, Contact an Experienced Lawyer. If the parent doesn't give permission, then the parents must go to court for a ruling on the proposed move. Microsoft Edge. We recommend using Ordering supervised visitation; visitation is supervised by the other parent or a third party (a relative or someone from an agency like a county welfare department); Putting conditions on visits such as mandating that the parent attend drug or alcohol rehab or treatment or that the parent must abstain from alcohol and/or drugs before, during, and after visits. For instance, a parent's failure to pay support because of their inability to pay is not a sufficient reason. The court will modify the order if the parent poses a threat to the child or parent's safety or if the other parent has consistently violated the parenting time agreement. Contact a Minnesota child custody attorney near you today to learn more. When the child lives with one parent, the other parent (referred to as the "noncustodial parent") typically receives visitation or "parenting time" with the child. If the child is of deemed age (as mentioned in Colorado, as early as 14 and more weight when the child becomes 16 to 17) and that child stated their visitation preferences or which parent he or she wishes to live. However, this will still be under evaluation against the best interests of the child. Can a Parent That Abandons His Family Get Visitation Rights? If this occurs, the court may do the following: A parent who has been granted parenting time must give their permission (in writing) if the custodial parent wants to move the child out of state. All rights reserved. Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. Though an older child's desires may be considered, they are never dispositive. The ideal way to get help with understanding complex statutes is by consulting with an attorney. Teenagers are known to push their parents' buttons and try to call the shots, but legally speaking, in most states, teenagers under 18 don't have a say in whether or not they follow the visitation schedule. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. At that point, it is up to the child and parent to continue their relationship as they wish. Visit our professional site », Created by FindLaw's team of legal writers and editors Until then, all custody determinations are made by a court and the standard that is applied may depend on the decree of the parties and/or Minnesota Statutes. When it's a teenager who is refusing visitation, the court may look at the situation differently than they would if it was a young child. The exception to this rule is Tennessee which gives a presumption to a child's desires if the child is over the age of 14; Adjust the visitation schedule if doing so will solve her issue. While it is easy for the court to be pragmatic about teens and parental visitation, any parent can tell you that you trying to force a 15-year-old to who doesn’t want to visit their other parent isn’t going to go well. However, you can also learn about the law with a helpful breakdown of state statutes that's written in plain language. However, a judge may order parenting time for the noncustodial parent to less than 25% if it's not in the child's best interests and if it's likely to harm the child's emotional and physical well-being. Copyright © 2020, Thomson Reuters. Parenting time may be set in a parenting plan if the parties agree to it. For example, if a visitation day is preventing her from doing a sports activity, you and the other parent can revise the schedule to avoid the conflict. Answer her concerns and encourage her to cooperate. Read the chart below for a breakdown of child visitation rights in Minnesota. Can they arrest me if my child refuses visitation? Anytime children refuse to participate in a planned visit with their other parent, you should: Talk with them about why they do not want to participate in the visit (if they are concerned for … Search. However, there can be legal ramifications in cooperating with a child's visitation refusal. If she doesn't see him can he stop the child support? Unless visitation would risk physical or mental harm to the child, the courts won't allow her to refuse visitation without consequences for the custodial parent. Always return to court to formally modify a visitation schedule if your schedule is set in writing or you expect trouble with the other parent. The noncustodial parent can take you to court if you don't follow the visitation schedule, even if it is the child who refuses to go. The child's wishes, if the child is considered to be of a sufficient age and maturity level to express a reasonable opinion (generally age 12 or older) The child's adjustment to home, school and community; The mental and physical health of the parties involved (a disability is not a determinative factor for custody of the child) If you're a parent who needs help asserting their visitation rights or you want to change the parenting time agreement, then you should talk to an experienced lawyer. 2. Statutes. Typically, the noncustodial parent receives a minimum of 25% of parenting time. | Last updated March 22, 2019. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The email address cannot be subscribed. No need to navigate the legal waters alone, Law for Families is here to help! While the courts will give a child's wishes more consideration as she grows older, someone younger than 18 can't refuse to visit her noncustodial parent. If a parent has concerns about the other parent, they may request a change in the parenting time order. However, a parent can't deny the visitation rights of the other parent without cause. Also, visitation generally ends at age 18 when the child becomes an adult. If they can't reach a consensus concerning custody and visitation, then the court will decide. Google Chrome, Read the chart below for a breakdown of child visitation rights in Minnesota. She has an extensive real estate and criminal legal background. Please try again. Parents can work together to make decisions about custody after their romantic relationship ends. Law for Families provides all the legal information that you and your family need. It's a crime for the parent and child to move without the permission and the custodial parent could lose custody as a result. Allow the parent to make-up the missed parenting time; Find the violating parent in contempt of court, which includes paying fines; Use the denial of parenting time as a factor to changing custody. Minnesota Child Visitation Rights at a Glance. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Stay up-to-date with how the law affects your life, Name