Going through a divorce can be very difficult and the difficulties increase when there are children involved. Trying to figure out parenting time is a major challenge as both parents should want to see their children as much as possible. Despite what the parents may want, ultimately the decision is made on what is in the best interests of the children.
Throughout life, as children mature and change, the best interest of the children may change. Minn. Stat. § 518.175, subd. 5(b) states, “If modification would serve the best interests of the child, the court shall modify the decision-making provisions of a parenting plan or an order granting or denying parenting time, if the modification would not change the child’s primary residence. Consideration of a child’s best interest includes a child’s changing developmental needs.”
Parenting time is not set in stone. If your children’s’ needs have changed, there is a way to modify the parenting time so that the best interests of your children are met. However, this statute does not apply if the best interests of the child are already being met. The analysis is ongoing.
If you believe that the best interests of your children have changed over the years and there needs to be a change in the parenting time, please contact me so we can see if a change can be made to better your children’s lives.