Legal Representation for Parenting Time Modifications
During the divorce process, courts determine custody based on the best interests of the child. However, as children grow and family dynamics shift, their needs and relationships with parents may evolve. One parent may eventually seek additional time with their child, leading to a request for a parenting time modification.
Modifying parenting time is often a more feasible alternative to modifying custody. Unlike custody changes, which require proving endangerment or parental unfitness, parenting time modifications focus on adjusting schedules to better suit the child’s evolving needs. Our Minnesota parenting time modification lawyers can help you present or defend against a request to modify your parenting schedule.
Modifying Parenting Time vs. Modifying Custody
Modifying custody is a difficult legal process requiring a significant showing of endangerment or unfitness. Courts rarely grant custody modifications unless there is clear and convincing evidence that a child’s well-being is at risk.
Conversely, parenting time modifications do not require such an extreme burden of proof. If the proposed change does not constitute a substantial modification of the existing schedule, courts are more willing to approve adjustments that align with the child’s best interests.
In other words, you do not need to prove the other parent is unfit—only that increased time with you would benefit your child.
The Legal Standard for Parenting Time Modification
When a parent requests a modification to parenting time, the court applies the same best interest standard used in the original custody determination. The court will examine:
- The child’s physical, emotional, and educational needs
- The child’s preference (if of suitable age and maturity)
- The history and quality of each parent’s involvement
- The ability of both parents to cooperate in co-parenting
- Any history of abuse or neglect
- The impact of the modification on the child’s stability
If the requested modification substantially alters the existing schedule, additional legal hurdles may apply. However, minor schedule adjustments that better serve the child’s needs are more likely to be approved.
Common Reasons for Parenting Time Modification
Several circumstances may justify a modification of parenting time, including:
- Child’s Changing Needs: As children grow, their school schedules, extracurricular activities, and social lives evolve. Adjustments to parenting time may be necessary to accommodate these changes.
- Parental Relocation: If a parent moves to a new home within a reasonable distance, adjustments may be necessary to maintain meaningful relationships.
- Work Schedule Changes: A parent’s new job may require an adjusted schedule to ensure continued involvement with the child.
- Improved Parental Fitness: If a parent has addressed previous concerns (e.g., resolving substance abuse issues), they may seek increased parenting time.
- Parental Alienation: If one parent is interfering with the child’s relationship with the other, courts may adjust parenting time to ensure a balanced relationship.
Court Process for Parenting Time Modification
A formal motion must be filed to modify parenting time. This process includes:
1. Filing a Motion
The parent seeking modification submits a motion detailing why the change is necessary and in the child’s best interest.
2. Court Review
The court examines the motion to determine whether there is sufficient cause for modification. If the motion suggests a minor change that aligns with the child’s needs, the court may approve it without a hearing.
3. Scheduling a Hearing (If Necessary)
If the requested modification is contested, the court may schedule a hearing. Both parents can present arguments, testimony, and evidence.
4. Court Decision
The court will determine whether to approve, deny, or modify the requested changes based on the evidence presented.
Custody Labels vs. Parenting Schedules
According to recent decisions by the Minnesota Court of Appeals, scheduled time with a child is distinct from custody. For example, joint physical custody does not necessarily mean equal parenting time. Likewise, even if one parent has primary custody, the other may still seek an expanded parenting schedule.
Given these legal nuances, our Minnesota parenting time modification lawyers can help you seek adjustments to your schedule regardless of custody labels.
Challenges in Parenting Time Modification Cases
Although parenting time modifications do not require proving endangerment, they can still be challenging. Some common legal hurdles include:
- Disputes between parents: If the other parent opposes the modification, the process may require extensive legal arguments and court hearings.
- Burden of proof: The requesting parent must demonstrate that the modification is in the child’s best interest.
- Parental interference: If a parent actively discourages the child’s relationship with the other parent, courts may intervene to adjust parenting time.
Our legal team understands these challenges and works to build compelling arguments to support parenting time modifications.
Frequently Asked Questions (FAQ)
How often can I request a modification to parenting time?
There are no strict limits on requesting modifications, but repeated requests without substantial justification may be denied.
Can my child decide if they want to spend more time with me?
The court may consider a child’s preference if they are of suitable age and maturity, but the final decision is based on their best interests.
Do I need an attorney to modify parenting time?
While you can file a motion on your own, having an attorney improves your chances of success, particularly in contested cases.
Can the other parent deny my request for more parenting time?
If the other parent opposes the modification, the court will determine whether the requested change serves the child’s best interests.
How long does the process take?
If both parents agree, a modification can be finalized in a few weeks. Contested cases may take several months.
Contact Our Minnesota Parenting Time Modification Lawyers
If you are considering modifying your parenting schedule, our Minnesota parenting time modification attorneys can help. Whether you need more time with your child or wish to defend against a modification request, we are here to protect your parental rights.
For expert legal assistance, call (763) 783-5146 to schedule a consultation with a trusted Minnesota parenting time modification lawyer at Barna, Guzy & Steffen.