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#701488 - 02/10/11 08:21 PM Parenting time
ProudDad Offline

recently joined

Registered: 02/10/11
Posts: 1
Divorced in 2005, have joint legal custody and ex has sole physical custody of 9 years old boy. My relationship with him is wonderful and bondage is increasing day by day. He comes over my place twice for 3 hrs on weekday and every alternate weekend to stay. Now he wants to stay overnight on weekdays for many reasons and unfortunately his mom refused to change the schedule.

What are my options? and how this works and my chances if I take this matter to court. I am a very actively involved in my son's life and want to continue doing that.

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#701489 - 02/11/11 05:36 AM Re: Parenting time [Re: ProudDad]
DedicatedDad Offline
veteran

Registered: 09/05/04
Posts: 1318
Regretfully, MN feels a child should have a 85/15% split of time, which is what you have. They typically won't vary from this schedule unless there is abuse or neglect.

I would talk to an attorney, but every other weekend with a mid-week visit is the MN standard, which is exactly what you have.

The only way to get more time is negotiate with mom. Good luck.

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#701490 - 03/22/11 03:59 PM Re: Parenting time [Re: DedicatedDad]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
The previous post is incorrect. There is no such presumption under Minnesota's custody or parenting time statutes. Under Minnesota Statutes 518.175, it is stated that there exists a rebuttable presumption for a "minimum" schedule of parenting time. It states, specifically - "In the absence of other evidence, there is a rebuttable presumption that a parent is entitled to receive at least 25 percent of the parenting time for the child."

Moreover, parenting time schedules may be modified if there has been a substantial change in circumstance since the last parenting time order and the change is deemed to be in the child's best interests. As a result, any arguments for a change in parenting time would have to revolve around that particular standard.

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#701491 - 03/22/11 04:08 PM Re: Parenting time [Re: Maury]
DedicatedDad Offline
veteran

Registered: 09/05/04
Posts: 1318
The above poster is correct in what MN statutes say. But, 4 overnights per month, which is standard, is 13.3%. I am not aware of attorneys demanding 7-8 overnights for their clients to fulfill the 25%, which tells me they would be unsuccessful.

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#701492 - 03/22/11 04:11 PM Re: Parenting time [Re: DedicatedDad]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
I am afraid I still disagree. Many parents have a mideweek overnight or an overnight following their weekend or greater time in the summer.

They may very well be successful if they format their arguments properly.

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