Parenting time schedules can stop working as children grow and family situations change. Minnesota law allows changes, but the court only approves them when they meet clear legal rules and protect the child’s best interests.
The legal standard under Minnesota law
According to Minnesota Statutes section 518.175, a court may modify parenting time when doing so serves the child’s best interests. The statute reflects a strong preference for children to have frequent and continuing contact with both parents, as long as that contact is safe and appropriate.
A parent who asks for a change must show a substantial change in circumstances since the last order. The change must matter to the child or the parents in a real way. Common examples include a parent moving, a major work schedule change, or a child’s needs changing with age. The court focuses on how the change affects the child, not whether the schedule feels inconvenient.
Timing rules and statutory exceptions
Minnesota law limits how often parents can ask the court to change parenting time to protect a child’s stability. Under section 518.175, a parent usually must wait one year after the original order to file a contested motion. If the court denied a prior request, a two-year wait may apply.
The law allows exceptions. A parent can file sooner if the current schedule endangers the child’s physical or emotional health or if the other parent repeatedly and intentionally interferes with court-ordered parenting time.
Agreement versus court involvement
Minnesota law encourages parents to work together when possible. If both parents agree to a new schedule, they can submit a written stipulation to the court for approval. Once the court approves it, the new schedule becomes enforceable.
If the parents do not agree, one parent must file a motion. The court may decide small changes based on written materials. Larger changes often require a hearing. If the change would alter the child’s primary residence, the court applies stricter custody modification rules.
Why consulting an attorney can help
Parenting time modification involves detailed statutory rules, strict timing requirements and specific findings under law. Consulting an attorney can help you understand how the statute applies to your situation and whether the evidence supports a modification request.