Parenting Time or Visitation:
Parenting time in Minnesota is Mandatory. The pertinent statute provides:
“In all proceedings for dissolution or legal separation, subsequent to the commencement of the proceeding and continuing thereafter during the minority of the child, the court shall, upon the request of either parent, grant such rights of parenting time on behalf of the child and noncustodial parent as will enable the child and the noncustodial parent to maintain a child to parent relationship that will be in the best interests of the child. . . .” Minnesota Statute section 518.175, Subdivision 1(a)
Per Minnesota law, there is a rebuttable presumption that a parent is entitled to receive at least 25% of the parenting time. Minnesota Statute section 518.175, Subdivision 1(e). The percentage of parenting time is calculated by the number of overnight visits granted in a court order in a month. So to get an idea of what is the bare minimum visitation of 25%, it would be around 7 overnight visits a month.
If you are an unmarried father, you must initiate a court action to obtain your legal rights to visitation and custody by obtaining a court order. Unmarried fathers have no custody or visitation rights to their children until they obtain a court order granting them rights. This is true even if you both signed a Recognition of Parentage. You cannot complain that your child's mother denied you visitation to your child if you never went to court to be awarded rights to visitation in the first place.
Don't waste time arguing with your ex about when you should have your children for visitation time, call us and get a court order specifying a schedule, which can be as detailed or simple as your situation calls for.
Many times, the attorney will accompany you to participate in a mediation session before the court hearing, in attempts to resolve the matter by agreement. You and your attorney may request to be in a separate room from the other party and their attorney. Remember, you still need your attorney especially if an agreement is reached in mediation, because the terms of the agreement must be typed into a proper Court Order which is then presented to the Court for the judge to sign.
Do it right the first time, and if you have questions or issues pertaining to visitation or parenting time rights of your children, contact Johnson Law Firm, P.A. today to schedule a consultation to discuss the specific facts of your case with our attorney.
JOHNSON LAW FIRM,P.A. 
