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25% Parenting Time

Posted by Gerald Williams 
· April 29, 2023 
· No Comments

Minnesota does not have a statute that mandates a presumption of 50-50 custody. The fact is, with or without a statutory presumption, 50-50 custody is common and, I believe, getting more and more common over time. What Minnesota statute does provide for is a minimum of 25 percent parenting time, absent evidence suggesting otherwise.

It is reasonable to figure that many couples will agree to 50-50 custody, and in many cases the court will order 50-50 custody. And that where the agreement is not a 50-50 arrangement or where the court does not order a 50-50 arrangement, the outcome might be 60-40 instead, or 70-30 or 75-25. All depending on (a) what the parties agree to; or (b) what the court determines to be in the child’s best interests based on the court’s understanding of applicable facts and circumstances.

Conversely, if the agreement of the parties, or the court’s decision, is 80-20, 90-10, or 100-0, how does that mesh with the statute that contemplates a minimum of 25 percent? In the case of agreement of the parties, the court and the statute will not preclude the parties from determining for themselves a stipulated “fair justice” in their case. If one parent lives out of state (or country), for example, and the annual parenting schedule, as agreed by the parties, provides for that parent to have less than 25 percent parenting time, no harm – no foul.

In the case of the court making a determination, it should be noted that the statute contemplates a minimum of 25 percent parenting time absent other evidence. If the court makes findings regarding the best interests of the child that weighs in favor of 80-20, 90-10 or 100-0, it would have to do with the fitness of the non-custodial parent, or their work schedule, or there geographic proximity, or some combination thereof.

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