Child Custody and Visitation Attorney in Minneapolis, Minnesota
How is parenting time decided?
How is parenting time decided?
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[Music]
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it’s governed by Minnesota statute 5:18
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0.175 and really parenting time a
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broader overview of it is what people
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most people consider the meat of any
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custody decision it is what time each
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parent is scheduled to be with a child a
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lot of times when parties talk about
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50/50 custody what they’re talking about
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is who is the child with day to day
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they’re really talking about parenting
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time the parenting time schedule for
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example one person could still have
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still have sole legal custody but you
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can have shared parenting time if the
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child spends time with both parents the
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parents time schedule is decided based
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on the statutory best interest factors
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of the child so they look at child’s
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emotional needs cultural and social
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needs physical needs medical needs they
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look at the parents mental health or
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physical health different educational
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needs of the child it’s really a whole
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holistic picture of a child and what
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makes the most sense in that child’s
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specific circumstance which amount of
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time to spend with with each parent more
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and more there’s a presumption that
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there should be roughly equal parenting
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time shared between parents under the
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statute there’s a 25 percent presumption
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that each parent will have at least 25%
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of the parenting time some of the more
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common parenting time schedules that
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people have heard of they often come in
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for an initial consultation they’ve
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heard of week on week off 5 2 to 5 2 to
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3 schedules and those are all like those
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are ones that people have heard of
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before obviously a week on week off
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schedule is very simple dad one week mom
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the next change is on Sunday but then
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there’s the 5 2 to 5 where each week dad
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knows he always has Monday and Tuesday
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mom knows she always has Wednesday and
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Thursday and they switch off the week
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the child is with one parent for five
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days then the next parent for two next
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pin for 2×10 4 5 and so on and so forth
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this is very stable schedule mom knows
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she always has Wednesday Thursday dad
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know he always has Monday Tuesday it’s
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also nice for the child to the stability
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in the schedule
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obviously you go five days without
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seeing the other parents sometimes
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though so an alternative for younger
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children as the two to three schedule
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where you go from one parent for two
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days to the next parent for two days the
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next pet for three and so on it’s a
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little less hard to plan activities
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around because mom doesn’t know from one
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week to the next whether she’ll have
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Monday Tuesday or Wednesday Thursday but
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it’s nice for the kids especially
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younger kids because you see each parent
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more frequently for shorter periods of
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time parenting time there’s been a lot
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of research by child development
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specialists as to frequency and length
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of time that each parent should have
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with the child and allowing this based
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on age of the child and develop the
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behavioral development of the child for
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example a one-year-old may not have
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overnights with the parent that he or
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she doesn’t normally live with until he
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till they’re older and that’s typically
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decided on a case-by-case basis there
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may be a child development professional
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who does a custody and parenting time
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evaluation and makes recommendations for
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that specific family as to what schedule
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would be best for that child and
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schedules are not always set in stone
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either you could start as a two to three
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schedule when a child is a toddler and
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by the time they’re a preteen it makes
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make more sense to do week on week off
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just because logistically it makes more
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sense so it can grow and develop with
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the child
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you
Minneapolis, MN family law attorney Katie Kelley talks explains how parenting time is decided and covers some of the basic schedules.
