After a divorce or custody judgment, most parents rely on their court-approved parenting plan to maintain a stable and healthy relationship with their child. But what happens when one parent unilaterally denies the other parent their parenting time?
Can parenting time be legally denied in Minnesota? And if so, under what circumstances?
At Martine Law, we help parents navigate complex family law issues and enforce or modify custody orders when necessary. In this blog, we’ll explain when parenting time can be denied, what Minnesota law says about it, and what you can do if you’re on either side of this issue.
What Is Parenting Time?
In Minnesota, “parenting time” refers to the court-ordered schedule that dictates when each parent will spend time with the child. This schedule is often included in a custody and parenting time agreement and approved by the court during a divorce or custody case.
Once finalized, this agreement becomes a legally binding order. That means both parents must follow it, regardless of disagreements or personal issues.
Can One Parent Deny Parenting Time?
In most situations, a parent cannot legally deny court-ordered parenting time. Doing so is a violation of a court order, which can result in legal consequences such as contempt of court, fines, or a modification of custody.
Even if:
- The parent is behind on child support
- The child doesn’t want to visit the other parent
- The parents are arguing
- The non-custodial parent is late or inconsistent
None of these are lawful reasons to withhold parenting time on your own.
Instead, any changes to the schedule must be handled through the court or by mutual written agreement.
When Can Parenting Time Be Denied in Minnesota?
That said, there are limited legal grounds where parenting time may be restricted or denied—but only through proper legal procedures.
1. If the Child Is at Risk
The court may deny or restrict parenting time if there’s credible evidence that the child’s physical or emotional safety is in danger. This includes:
- Abuse or neglect
- Substance abuse
- Criminal activity
- Exposure to domestic violence
In such cases, the custodial parent must petition the court for a modification or emergency relief. They cannot lawfully deny parenting time without doing so.
2. Emergency Court Orders
If a parent believes the child is in immediate danger, they can request an ex parte (emergency) order to temporarily suspend parenting time. The court will then schedule a full hearing to determine the appropriate long-term action.
Details on emergency motions are available at the Minnesota Judicial Branch – Family Court Motions.
3. Court-Ordered Restrictions
In some cases, the judge may issue a custody order that includes:
- Supervised parenting time
- No overnight visits
- Temporary suspension of contact
These are typically based on findings of abuse, addiction, or past violations.
What Happens If Parenting Time Is Denied Without Legal Grounds?
If one parent denies parenting time without court approval, the other parent has the right to take legal action. This may involve:
Filing a Motion to Enforce Parenting Time
You can file a motion in family court to enforce your parenting time rights. The judge can:
- Order makeup time for missed visits
- Award attorney’s fees and court costs
- Modify the custody order if repeated violations occur
Access official forms for parenting time enforcement at the Minnesota Court Forms Portal.
Filing a Motion for Contempt
A parent who willfully denies parenting time may be held in contempt of court, which carries serious consequences such as:
- Fines
- Community service
- Jail time (in severe cases)
Judges generally give the violating parent a chance to correct their behavior before escalating penalties.
What If the Child Refuses to Visit?
This is a common and complicated issue. If a child refuses to see the other parent, the custodial parent still has a legal obligation to comply with the parenting plan.
While the court may consider a child’s preferences (especially for older teens), the custodial parent must:
- Encourage the visit
- Facilitate transportation
- Avoid bad-mouthing the other parent
If the child consistently resists, the parent can request a modification of the parenting schedule, supported by evidence or a custody evaluation.
Can Parenting Time Be Modified Instead of Denied?
Yes. If circumstances have changed since the original custody order, either parent can petition the court to modify parenting time.
Valid reasons to request a change include:
- A parent’s work schedule changed significantly
- The child’s needs have evolved
- Concerns about the child’s safety or wellbeing
- Relocation by either parent
The court’s primary concern is always the best interests of the child. Learn more about how Minnesota defines that standard at LawHelpMN.org.
When Should You Contact a Lawyer?
You should consult a family law attorney if:
- You are being denied parenting time
- You believe the other parent is putting the child at risk
- Your co-parent has filed a motion against you
- You need help modifying or enforcing the custody order
Legal situations involving children can become emotional and complicated fast. An attorney ensures your rights—and your child’s best interests—are protected.
How Martine Law Helps Parents Across Minnesota
At Martine Law, we support parents on both sides of parenting time disputes. We help clients:
- Enforce their visitation rights
- Request emergency relief
- File contempt or enforcement motions
- Modify custody orders
- Protect their child’s health and safety
Whether you’re being unfairly denied parenting time or you need to restrict it for your child’s wellbeing, contact us today to learn how we can help.
Final Thoughts
Parenting time cannot be denied on a whim in Minnesota. Unless the child is in immediate danger—and a court approves it—denying court-ordered visitation is a violation of the law.
Still, there are situations where parenting time restrictions are justified. If you’re facing conflict, don’t take matters into your own hands. Follow legal procedures, consult an attorney, and put your child’s best interests first.