Introduction
In Minnesota, divorcing or separating parents must create a parenting plan or obtain a court-ordered custody and parenting time order to clarify how they will care for their children moving forward. This legal document goes far beyond who gets the kids on weekends — it addresses everything from decision-making authority to transportation logistics and holiday schedules.
Creating a detailed and thoughtful parenting plan not only ensures compliance with Minnesota law but also helps reduce conflict, prevent misunderstandings, and create stability for your children during a difficult transition.
This blog walks you through everything you need to include in your Minnesota parenting plan, from custody structure to dispute resolution.
What Is a Parenting Plan in Minnesota?
Under Minnesota Statutes § 518.1705, a parenting plan is a court-approved agreement between two parents outlining how they will share responsibility for their child’s upbringing. Unlike a simple custody order, a parenting plan is customizable and can address the unique needs of your family.
In some cases, the court may require a parenting plan, especially in high-conflict divorces. In others, parents may propose one voluntarily as part of their divorce or custody proceedings.
Required Elements of a Minnesota Parenting Plan
According to Minnesota law, a valid parenting plan must address at least three core elements:
1. Schedules of Time Each Parent Spends with the Child
Also known as parenting time, this includes:
- A weekly or bi-weekly schedule
- Holiday and school break schedules
- Vacations (e.g., summer trips, extended stays)
- Special days like birthdays or Mother’s/Father’s Day
Being specific prevents confusion and helps both parents plan their lives and commitments.
2. Decision-Making Responsibilities
This refers to legal custody — the right to make major decisions about:
- Education
- Healthcare
- Religion
- Extracurricular activities
Parents can share joint legal custody or one parent can have sole legal custody, depending on the situation. Courts prefer joint decision-making unless there’s a history of abuse, neglect, or extreme conflict.
3. Methods of Resolving Disputes
No matter how well-crafted your plan is, disagreements can still arise. Minnesota law requires parents to include a dispute resolution process, such as:
- Mediation
- Parenting time expeditors
- Counseling
- Arbitration
This clause helps resolve future issues without immediately going to court.
Optional (But Recommended) Provisions
While the three elements above are required, your parenting plan can include many additional provisions to provide further clarity and reduce friction:
Communication Guidelines
- When and how parents will communicate (e.g., text, co-parenting app)
- How the child will stay in touch with the other parent during parenting time
Transportation Arrangements
- Who is responsible for drop-offs and pick-ups
- What happens if someone is late or unavailable
- Locations for exchange (neutral, public place if needed)
School and Medical Access
- How parents will share school or health information
- Notification requirements for appointments or school events
Rules and Routines
- Shared expectations on discipline, bedtime, screen time, etc.
- Whether rules should be consistent between households
Relocation Terms
- Notice required if a parent plans to move
- How long-distance moves will affect parenting time
Including these specifics can significantly reduce misunderstandings and disagreements later on.
Parenting Plan vs. Custody Order: What’s the Difference?
A parenting plan is often more detailed and flexible than a standard custody order. While both outline legal and physical custody, parenting plans:
- Use terms like “parenting time” instead of “visitation”
- Focus on collaborative parenting rather than court-imposed rules
- Allow parents to customize almost every aspect of the agreement
Still, both documents are legally binding once approved by the court.
Can We Write Our Own Parenting Plan?
Yes. In Minnesota, you and the other parent can write your own plan and submit it to the court. If approved, it becomes legally binding.
However, it’s strongly recommended to consult a family law attorney to ensure:
- The plan complies with Minnesota law
- It protects your rights and your child’s interests
- It is enforceable in court
At Martine Law, we help parents create balanced, detailed parenting plans that meet both legal requirements and their family’s unique needs.
What If We Can’t Agree on a Parenting Plan?
If parents cannot agree on a plan, the court will intervene and decide based on the best interests of the child standard, per Minnesota Statutes § 518.17. The court considers:
- Each parent’s caregiving history
- The child’s physical, emotional, and educational needs
- The mental and physical health of all parties
- The child’s preference (if of sufficient age and maturity)
- Any history of domestic violence or substance abuse
In these cases, a judge will issue a parenting plan that serves the child’s best interest, even if it goes against one or both parents’ wishes.
Modifying a Parenting Plan
Parenting plans can be modified if there is a substantial change in circumstances, such as:
- A parent relocating
- A change in the child’s needs
- Health or safety concerns
- A parent violating the plan consistently
To modify the plan, you must either:
- Agree with the other parent and submit a new plan to the court, or
- File a motion to modify custody and prove the change is necessary for the child’s well-being
Enforcing a Parenting Plan in Minnesota
If one parent violates the parenting plan — for example, by refusing to return the child or denying parenting time — the other parent can:
- File a motion to enforce parenting time
- Request make-up time or a modification
- Ask the court to impose penalties, including legal fees
Courts take these violations seriously. Having a clear and detailed parenting plan helps enforce your rights and maintain accountability.
For more info, visit the Minnesota Judicial Branch’s Parenting Time Help Topic.
Why a Well-Crafted Parenting Plan Matters
A parenting plan is more than just a legal requirement. It’s a roadmap for co-parenting. A thoughtful, specific, and fair agreement can:
- Reduce conflict between parents
- Provide stability for children
- Prevent unnecessary trips to court
- Support long-term cooperation
Whether you’re going through divorce, separation, or establishing custody as unmarried parents, a well-drafted plan is a critical step toward building a healthy future for your family.
Contact Martine Law for Parenting Plan Help
At Martine Law, we’ve helped countless Minnesota families create parenting plans that protect both children and parental rights. We offer:
- Personalized consultations
- Drafting or reviewing plans
- Court representation in disputes or modifications
Contact us today to schedule a consultation and start building your parenting plan the right way.