Introduction
Parenting time agreements in Minnesota are designed with the child’s best interests in mind. But life doesn’t stay the same forever. Job changes, relocations, remarriage, or changes in a child’s needs may require you to revisit the original plan.
Fortunately, Minnesota law allows for the modification of parenting time agreements—but you must follow specific procedures and meet legal standards to succeed.
If you’re considering a change to your current custody or parenting plan, this guide will help you understand when and how you can request a modification in Minnesota.
What Is Parenting Time?
Parenting time, often referred to as visitation, is the time a noncustodial parent spends with their child. It is different from legal custody (decision-making rights) and physical custody (where the child primarily lives).
A parenting time agreement is typically part of the divorce decree or custody judgment, and outlines:
- Weekday and weekend schedules
- Holidays and vacations
- Pick-up and drop-off arrangements
- Communication rules between the child and parents
Once approved by the court, it becomes a legally binding order.
When Can Parenting Time Be Modified?
You cannot request a change just because you’re unhappy with the current arrangement. Under Minnesota law, courts require a valid reason for any modification request.
Common Grounds for Parenting Time Modification:
- A significant change in one parent’s work schedule
- A relocation that affects the current plan
- The child’s needs have changed (e.g., school, health)
- The current schedule no longer works or causes stress
- One parent consistently violates the agreement
- The child is older and wants more or less time with a parent
Minnesota courts always prioritize the child’s best interests when considering changes to parenting time.
Legal Standard for Parenting Time Modifications
Minnesota courts evaluate modification requests under Minnesota Statute § 518.175.
There are two key legal standards:
1. Best Interests of the Child (Low Threshold)
If you’re only seeking to adjust the parenting schedule (not changing custody), the court will approve the modification if it serves the child’s best interests.
This is the most common situation and allows for more flexibility.
2. Endangerment or Major Disruption (High Threshold)
If your modification would significantly reduce the other parent’s time or change physical custody, the court applies a higher standard. You must prove:
- The current arrangement endangers the child’s physical or emotional health
- The benefits of the change outweigh any harm caused by the disruption
This standard is harder to meet and requires substantial evidence.
How to File a Parenting Time Modification Request
Step 1: Speak With an Attorney
Even if you and your co-parent agree, having a lawyer ensures your paperwork is accurate and your rights are protected.
Step 2: Attempt to Reach an Agreement
If possible, talk to your co-parent about the proposed changes. An agreed-upon modification is more likely to be approved quickly by the court.
Step 3: File a Motion to Modify Parenting Time
You’ll need to file a motion to modify parenting time with the county court where your original order was issued. This motion must include:
- The current order
- The proposed changes
- The reasons for the change
- Supporting documentation (e.g., new work schedules, medical reports)
Forms and instructions are available through the Minnesota Judicial Branch.
Step 4: Serve the Other Parent
You must legally serve the other parent with the motion and supporting documents.
Step 5: Attend the Court Hearing
A judge will hear both sides and determine whether the modification is justified. You may be asked to present evidence or testimony.
Temporary Modifications vs. Permanent Changes
Minnesota courts allow for:
- Temporary changes (e.g., for summer vacation or medical issues)
- Permanent modifications (for long-term changes in lifestyle or needs)
Even temporary agreements should be documented and approved by the court to be enforceable.
What If You and the Other Parent Agree?
If both parents agree on the modification, you can submit a Stipulation and Order to the court. This is usually quicker and avoids the need for a hearing.
However, the court still reviews the agreement to ensure it’s in the child’s best interests before approval.
What If the Other Parent Disagrees?
If the other parent opposes the modification, the court will schedule a hearing. You must be prepared to:
- Explain why the change is necessary
- Show how it benefits the child
- Provide documentation supporting your claim
Judges will weigh your arguments carefully, especially if the change affects physical custody or significantly reduces time with the other parent.
Can a Child’s Preference Impact Parenting Time?
Yes—but with limitations. In Minnesota, a child’s reasonable preference may be considered if the child is of sufficient age and maturity. There is no specific age cutoff, but teens’ preferences are often given more weight.
However, the child’s preference is just one factor among many the court considers.
Enforcement After Modification
Once the modification is approved:
- The new agreement becomes legally binding
- Both parents must comply
- Violations may lead to contempt of court, fines, or changes to custody
If the other parent fails to follow the new plan, you can file a motion to enforce parenting time with the court.
Learn more at LawHelpMN.org – Parenting Time Issues.
Tips for a Successful Modification Request
- Be honest about your reasons for seeking a change
- Focus on how the change will benefit the child—not you
- Keep records of parenting time violations, communication, or major life changes
- Consider mediation if court action feels too adversarial
- Avoid informal changes without court approval—they’re not enforceable
Why Hire a Family Law Attorney?
Modifying parenting time may sound simple, but any mistake in filing or presenting your case can delay the process—or cause the court to deny your request.
An experienced attorney from Martine Law can help:
- Draft and file the correct motion
- Represent you in court
- Negotiate with your co-parent’s legal team
- Protect your parental rights
We guide families through complex legal issues with clarity and care.
Conclusion
Parenting time agreements should grow and adapt with your family’s needs. Whether you’re dealing with changing schedules, relocations, or evolving needs, Minnesota law gives you a pathway to modify your arrangement—provided the changes are in the child’s best interests.
Need help updating your parenting plan? Contact Martine Law today to schedule a confidential consultation.