Minnesota refers to each parent’s time with the children as “Parenting Time” rather than with the outdated term “Visitation.” In Minnesota, there is a presumption a non-custodial parent should have at least 25% of the annual overnights with the children.
Parenting time can be determined one of two ways: 1) by a judge; or 2) by the parties’ agreement. An agreement can be negotiated through attorneys (if both parties have hired one) or through use of a neutral person, such as a mediator.
If parties are unable to agree upon a parenting time schedule through mediation, or their attorneys, the court will establish a parenting schedule based upon the best interests of the children. The “best interests of the child” are articulated through a number of factors, all written into Minnesota law.