The court tries to balance the benefit of the child maintaining a relationship with the non-custodial parent with any possible adverse effects of such a relationship. These adverse effects can include endangerment to the child, or the inability of parents to conduct themselves in a civil manner in the presence of the child.
Many visitation issues can arise after the court has made its custody determination. The custodial parent, for example, may feel justified in limiting the non-custodial parent’s visitation if that parent is not fulfilling his or her support obligations. Another example may be a situation in which the custodial parent has great difficulty reaching the child by telephone during the non-custodial parent’s visitation time.
It is in everyone’s interest to find an equitable, workable visitation arrangement that minimizes any conflict that may occur during what will often be years of visitation interaction.
One particular issue that often creates conflict is when the custodial parent wants to move with the child out of state. Currently, the parent requesting the move must show that such a move would be in the child’s best interest, unless the parent requesting the move has been a victim of domestic abuse by the other parent.
Minnesota state family law also addresses grounds for restriction of visitation rights, compensatory visitation, grandparent visitation, and third-party custodial and/or access rights.
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