To some it may not seem like a big difference, but in the eyes of the law, the distinction makes all the difference. When asking the Court to change custody, there must be an endangerment to the child. When asking the Court to change parenting time, the Court will look at the best interest factors.
Recently the Court of Appeals in Minnesota in an unpublished case affirmed that changing a parent’s parenting time from 33% to 47% is not a change of custody despite the increase. Because the parenting time did not change the title of custody or change the primary residence of the children, it was instead called a parenting time modification and the best interest standard applied. See McCuen v. McCuen.
The best interest factors are generally a much easier threshold to meet than the endangerment standard. When considering going back to Court for either a change in custody or a change in parenting time, it is imperative a close analysis of these standards is done by the attorney to ensure the greatest likelihood of success in your case.
If you have questions related to a possible dissolution of marriage, child custody questions; or parenting time concerns, please do not hesitate to contact our office (952) 224-9410
