VISITATION/PARENTING TIME: MINNESOTA DIVORCE AND PATERNITY
In a divorce, if a parent is not granted physical custody, he or she is entitled to maintain his or her relationship with the parties' minor children through visitation which is now commonly referred to as "parenting time". The standard parenting time order is for alternate weekends, maybe one evening during the week, alternate holidays and some extended time during the summer. The parties can agree on any other arrangement that they desire.
During the divorce process or after it has become final, the interference with a person's right to parenting time, if aggravated enough, can be grounds for a change of physical custody. If a custodial parent is interfering with your parenting time, usually the first thing that is tried is to bring the matter to the Court's attention through the contempt procedure. Only when the interference has become systematic will a motion to change custody be seriously considered.
In a paternity situation, the mother has sole legal and sole physical custody of the child born out of wedlock. If a biological father has signed a Recognition of Parentage, he can bring a motion to establish his right to parenting time. If he has not signed a Recognition of Parentage, he has no rights unless he serves the mother with a Summons and Complaint to establish paternity but that also raises the issue of child support. He can and usually does include a motion for temporary parenting time with his Complaint. In many circumstances, the parties will then settle the matter.