Parents in Minnesota (married or unmarried) are entitled to a minimum of 25% parenting time. The law states that a court “may” calculate a parent’s time using an overnight visit to calculate the amount of time. For example, an average of 7.5 overnight visits would be the minimum amount of parenting time that a non-custodial parent should get.
The following section is from Minnesota Statute 518.175:
(g) In the absence of other evidence, there is a rebuttable presumption that a parent is entitled to receive a minimum of 25 percent of the parenting time for the child. For purposes of this paragraph, the percentage of parenting time may be determined by calculating the number of overnights that a child spends with a parent or by using a method other than overnights if the parent has significant time periods on separate days when the child is in the parent’s physical custody but does not stay overnight. The court may consider the age of the child in determining whether a child is with a parent for a significant period of time.
The statute creates a “rebuttable presumption” that a parent is fit to have 25 percent parenting time. This means that the burden of proof would be on the parent refusing to allow 25% parenting time.
Our firm can assist you with all aspects of family law including child custody. We work primarily in Hennepin, Dakota, Scott, and Ramsey Counties. No two situations are exactly alike. It is important that you are fully informed of your rights before you make permanent decisions about your future relationship with your family members after separation or divorce.