Minnesota Child Custody and a Minnesota Court’s Authority to Order Supervised Parenting Time

MP900305711[1]The Court has the authority to implement supervised parenting time when the Court finds, after a hearing ” . . . that parenting time with a parent is likely to endanger the child’s physical or emotional health or impair the child’s emotional development, the court shall restrict parenting time with that parent as to time, place, duration, or supervision and may deny parenting time entirely, as the circumstances warrant. The court shall consider the age of the child and the child’s relationship with the parent prior to the commencement of the proceeding.” Minn. Stat. Section 518.175, subd.1(b)

The parent asking for supervised parenting time has the burden to prove by way of affidavit and supporting facts that a child is endangered when in the other parent’s care. Conclusions in an affidavit such as “the child is in danger” are insufficient. An affidavit must include facts as to time, date, issue, results, how, where and when a  child is endangered.  If a Court finds after reviewing an affidavit that there is a concern, then the Court will set the matter on for a hearing.  The burden is still on the parent asking for supervised parenting time to prove to the Court that the child is endangered. The Court may issue a temporary order restricting parenting time pending the hearing.

Who supervises and how is the supervision accomplished?

The Court ultimately makes the decision if there is no agreement between the parties.  The Court may also look to the published guidelines as follows:

“The state court administrator, in consultation with representatives of parents and other interested persons, shall develop standards to be met by persons who are responsible for supervising parenting time. Either parent may challenge the appropriateness of an individual chosen by the court to supervise parenting time.” Minn. Stat. Section 518.175, subd. (1a)b(b)

The state court administrator’s recommended standards for parenting time supervisors and levels of supervision can be found at Minnesota Judicial Branch: Standards for Professional and Nonprofessional Parenting Time Supervisors in Family Court Proceedings.

All parents have a constitutional right to parent his or her children.  Supervised parenting time must have a basis in substantiated facts showing that a child may be endangered before any Court will impose a supervised requirement on a parent.

If a  child is immediately endangered or the obvious victim of abuse, then law enforcement and child protection should be involved to protect the child from further immediate harm pending any hearing or court proceeding.

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Thanks for reading. 

Kate Willmore, Saint Cloud, Minnesota, Divorce, Father’s Rights, Mother’s Rights,  Family Lawyer,  Family Court Lawyer, Legal Blogger,  and Mediator Coach

Call me at (320) 492-3606  or e-mail me.      www. katewillmorelaw.com

Copyright 2015

About Kate Willmore, Esq.

Kate Willmore, Saint Cloud, Minnesota, divorce, custody and family attorney brings over 25 years experience to every client's legal matter. *** Licensed in Minnesota and in California

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