When parents separate or divorce, one of the most emotionally charged and important issues is how much time each parent will spend with their children. Parenting time arrangements shape a child’s daily life, routines, and relationships. Courts strive to create schedules that support a child’s well‑being while respecting each parent’s rights and responsibilities. Understanding how parenting time decisions are made can help you approach the process with clarity and confidence.
The Legal Standard: Best Interests of the Child
The guiding principle in virtually every jurisdiction is the best interests of the child. Rather than favoring one parent over the other, courts look at how each potential parenting time arrangement will meet a child’s physical, emotional, and developmental needs. Factors commonly considered include:
- Emotional ties and bonding: The strength and quality of the child’s relationship with each parent.
- Parental ability: Each parent’s capacity to provide a stable, loving, and safe environment.
- Child’s needs: Age‑appropriate routine, educational stability, healthcare, and extracurricular activities.
- Adjustment: How the child is adapting to home, school, and community.
- History of caregiving: Which parent has historically served as the primary caregiver, particularly for younger children.
- Safety concerns: Any evidence of abuse, neglect, or domestic violence.
- Child’s preference: When the child is of sufficient maturity, their wishes may be considered.
By centering the child’s interests, courts aim to craft parenting time schedules that support healthy development, consistency, and strong relationships.
Statutory Factors Courts Must Consider
Most states codify the “best interests” standard through a list of statutory factors. While the exact list varies, common examples include:
- Parental wishes: What each parent proposes for custody and parenting time.
- Child’s preference: The child’s stated preference if they are old enough (often age 12 or older).
- Relationship with each parent: Including bonds with siblings and extended family.
- Parental fitness: Physical and mental health, substance use history, and any history of abuse.
- Domestic violence: Any history of domestic violence or child abuse by either parent.
- Continuity and stability: Maintaining the child’s existing routine, school, and community ties.
- Geographic proximity: How far apart the parents live, and how that affects school, extracurriculars, and travel.
- Co‑parenting cooperation: Each parent’s willingness and ability to communicate and cooperate.
Statutes may include additional factors—such as the child’s special needs, work schedules, and cultural or religious considerations. Courts weigh all these elements in context to determine a parenting time plan that serves the child’s best interests overall.
Developing a Parenting Time Schedule
Once the relevant factors are evaluated, courts work to develop a schedule tailored to the family’s situation. Common schedule types include:
- Traditional schedule: The child lives primarily with one parent, with the other having regular weekend and holiday visits.
- Shared physical custody: The child spends roughly equal time with each parent, often on a 2‑2‑3 or 3‑4‑4‑3 rotating schedule.
- Bird’s‑nest arrangement: The child remains in one home, and parents rotate in and out according to the schedule—less common but useful when minimizing disruption is key.
- Custom schedules: Tailored to work schedules, school calendars, and transit times (e.g., mid‑week dinner visit, extended summer breaks, alternating holidays).
In addition to regular weekly or biweekly schedules, courts set guidelines for holidays, school breaks, birthdays, and vacations. Flexibility is often built in to accommodate special events or family traditions.
Mediation and Alternative Dispute Resolution
Litigation is not the only path to a parenting time arrangement. Many jurisdictions mandate or encourage mediation, collaborative law, or parenting coordination before involving a judge. Benefits include:
- Greater control: Parents design their own schedules based on real‑world needs.
- Lower conflict: Mediation tends to be less adversarial and more child‑focused.
- Cost and time savings: Avoiding a lengthy court battle saves legal fees and emotional strain.
- Improved communication: Neutral mediators help parents build co‑parenting skills.
If mediation fails or is inappropriate (for example, due to safety concerns), the case proceeds to court, where a judge will make the final decision.
Court Hearings and Evidence
When parenting time disputes reach the courtroom, both sides present evidence supporting their preferred schedules. Typical evidence includes:
- Affidavits or sworn statements: Describing each parent’s relationship with the child.
- Parenting plans: Detailed proposals for daily routines, holiday schedules, and decision‑making roles.
- Witness testimony: From teachers, counselors, or pediatricians regarding the child’s needs.
- Professional evaluations: Psychological or social‑work assessments, when ordered by the court.
- Documentation of domestic violence: Police reports or protective orders, if relevant.
Attorneys play a crucial role in crafting persuasive presentations that highlight the child’s best interests. Judges consider the totality of evidence, not just a single factor.
Tips for Parents Navigating Parenting Time Decisions
Navigating parenting time decisions can be challenging, but keeping your child’s needs at the forefront will guide every choice you make. Focus on what truly benefits your child’s well-being rather than allowing personal grievances to dictate schedules or interactions. Clear and respectful communication with your co-parent is essential: discuss adjustments calmly, put any agreements in writing, and ensure both sides understand the plan.
Maintaining detailed records of parenting time—such as noting missed visits or special arrangements—provides clarity and can be invaluable if you ever need to enforce the court’s order. At the same time, flexibility is key; unexpected events arise, and accommodating reasonable changes will help your child feel secure and prioritized. Finally, don’t hesitate to seek professional support. Therapists can help your family cope with stress, mediators can facilitate productive conversations, and experienced family law attorneys ensure your legal rights are protected throughout the process. By combining a child-centric approach with clear communication, thorough documentation, flexibility, and expert guidance, you can create a stable, nurturing environment for your children.
The Value of Skilled Legal Representation
Parenting time disputes can be emotionally and legally complex. An experienced family law attorney can:
- Explain your rights under local statutes and case law.
- Help you prepare evidence and a strong parenting plan.
- Negotiate effectively in mediation or settlement conferences.
- Advocate for your interests in court hearings.
- Assist with modifications or enforcement when situations change.
Skilled counsel ensures you don’t underestimate critical factors or miss procedural deadlines that could affect your case.
Pursuing What’s Best for Your Family
Deciding parenting time in divorce cases is a delicate balancing act focused on the child’s best interests. Courts weigh a range of factors—from emotional bonds and parental fitness to stability and safety—to create schedules that nurture healthy parent‑child relationships. Mediation and cooperative approaches can often yield customized solutions, but when disputes persist, the court process provides a structured forum for resolution.
If you’re facing a parenting time decision, having an experienced family law attorney by your side can make a significant difference. At Smith, Paulson, O’Donnell & Erickson, our Minnesota family law team guides parents through custody and visitation matters with compassion. Contact us today to schedule a consultation and learn how we can help you secure a parenting time arrangement that puts your child first.
