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What Rights Do Noncustodial Parents Have in Minnesota?

Bristol Palin, daughter of former Alaska governor Sarah Palin, recently sued her ex-boyfriend Levi Johnston for more child support money. Johnston, the father of their 1-year-old child, is more than $18,000 behind on child support payments, according to the complaint.

While the details of their relationship, custodial responsibilities and financial situation should be private between the two of them, their families and the courts, it does bring up questions for those in similar situations. In the state of Minnesota, for instance, what rights do noncustodial parents have in relation to their child's upbringing? While there are certainly some common assumptions about custody, visitation rights and child support payments, some of them are wrong, outdated or specific to an individual's circumstances.p

Noncustodial parents are responsible for their child's upbringing

The first "right" a noncustodial parent has is actually a responsibility. In Minnesota, except in special circumstances, a child's parents are held jointly responsible for paying for the upbringing of their child. A noncustodial parent's child support payments are dependent upon that parent's income or potential income. However, payments sometimes may be reduced or modified depending on the specific circumstances of the parties. Though it is important to remember that simply paying child support does not automatically provide the parent with visitation rights (or "parenting time," as it has recently been named). Those 'rights' must be fought for, in many cases, and the court determines the amount of visitation a noncustodial parent may be awarded based on the best interests of the child.

Noncustodial parents may need to go to court to see their child

Many noncustodial parents seem to believe that the custodial parent (parent with custody of the child) has all the power to determine when and how long they are able to spend time with their child. For instance, the Minnesota Question and Answer Handbook for Noncustodial Parents puts it bluntly: "Know that just because you are the father of a child does not guarantee parenting time with or custody of that child unless you get a court order giving you these rights." The same could be said of the mother, in an instance when the father of the child has been given custody.

Fortunately, noncustodial parents do, indeed, have the right to fight for time with their child or children, and courts have been in favor of granting visitation rights to both parents, based on the presumption that it is often better for children to see both their father and mother on a regular basis. It is important for parents to understand that fighting for more custody/visitation/parenting time may, unfortunately, be an emotionally difficult time for all the parties involved, parents and the child included. However, remember that the child support enforcement agency and the courts do not represent either parent, but the best interests of the child.

If you have any questions regarding parenting time or custody issues, please speak to an experienced family law attorney in your area. Custody issues can be complex and confusing to navigate, a lawyer can help answer your questions and explain your legal rights and options.