In Minnesota divorce and child custody proceedings, "parenting time" means the time a parent spends with a child regardless of the legal and physical custody of the child.  Therefore, based on this definition, any time that either parent spends with the children per a court order constitutes parenting time.  Parenting time is also referred to as visitation, though it is an older term.

Minnesota law provides that "the court shall, upon the request of either parent, grant such parenting time on behalf of the child and a parent as will enable the child and the parent to maintain a child to parent relationship that will be in the best interests of the child."  Thus, the Court applies the ”best interest of the child” factors to determine an appropriate parenting time schedule. If the court finds that parenting time with a parent is likely to endanger the child's physical or emotional health and development, the court may restrict the place, frequency, duration, or supervision of parenting time with that parent or may deny parenting time entirely. The Court may also order specific parenting time for school, activities, holidays, and vacations.

Modification of Parenting Time

Generally, to modify an existing parenting time schedule, the Court applies a "best interests of the child" analysis.  Minnesota law provides "If modification would serve the best interests of the child, the court shall modify the decision-making provisions of a parenting plan or an order granting or denying parenting time, if the modification would not change the child's primary residence."

 However, for substantial modifications of parenting time that are tantamount to a modification of child custody, the Courts apply the same "endangerment" standard as with modifications of child custody.  Minnesota law provides:

The court may not restrict parenting time unless it finds that:

• parenting time is likely to endanger the child's physical or emotional health or impair the child's emotional development; or

• the parent has chronically and unreasonably failed to comply with court-ordered parenting time.

If a parent makes specific allegations that parenting time by the other parent places the parent or child in danger of harm, the court shall hold a hearing at the earliest possible time to determine the need to modify the order granting parenting time.