Interference With Parental Rights

s two people to create a child. Each should have518B.01, has occurred between the parents.
an equal right to raise that child and to be part ofThe court must use as a reputable presumption
his/her upbringing. Co-parenting is not alwaysthat joint legal custody is in the best interests of
easy, convenient or comfortable, but thethe child.
opportunity to parent is necessary for bothOnce custody and parenting rights have been
parents.established, unilateral actions restricting parental
Being a parent should be about caring for youraccess or alienating the other parent can result in
children, making decisions about their upbringing,both criminal and civil action.
and watching them learn, grow and mature. AllCRIMINAL PROCEEDINGS- INTERFERENCE WITH
too often, those noble goals are set aside when,PARENTAL RIGHTS
even good parents, argue about adult issuesCriminal proceedings expose those charged with
related to custody and parenting time. Too quicklyan offense to jail sentences, fines and
language related to “our daughter or “ourprobationary restrictions. One of the more
son” changes and becomes possessory -significant offenses is found under Minnesota
“my daughter” or “my son.” Often,Statutes Sec. 609.26. Under the pertinent portions
even well intentioned discussions about the childrenof that statute, a person may be charged with a
are distorted and characterized as harassing. Infelony who intentionally does any of the following:
many instances, parenting issues become a test(1) conceals a minor child from the child's parent
of wills where children are used as weapons andwhere the action manifests an intent substantially
controlled as if they were property. Not tooto deprive that parent of parental rights or
occasionally, one parent may decide to try toconceals a minor child from another person having
restrict parenting time or unilaterally demandthe right to parenting time or custody where the
supervised visits based on parental conflict. Thisaction manifests an intent to substantially deprive
most often happens in the context of paternitythat person of rights to parenting time or
cases where custody rights of the father havecustody;
not yet been established. In the end, it leads to a(2) takes, obtains, retains, or fails to return a
potential explosive and expensive legal proceedingminor child in violation of a court order which has
where, primarily, it is the children that lose.transferred legal custody under chapter 260,
Where children are placed in the middle of260B, or 260C to the commissioner of human
parenting disputes, Courts consider alienating andservices, a child-placing agency, or the local social
controlling parental conduct as a factor in anyservices agency;
custody proceeding.(3) takes, obtains, retains, or fails to return a
INITIAL CUSTODY DETERMINATIONS- ABILITYminor child from or to the parent in violation of a
TO CO-PARENTcourt order, where the action manifests an intent
Minnesota Statutes allow courts to determinesubstantially to deprive that parent of rights to
parenting time in any proceeding related toparenting time or custody;
dissolution, legal separation or paternity. Under(4) takes, obtains, retains, or fails to return a
Minnesota Statutes 517.17, Minnesota Courts areminor child from or to a parent after
charged with granting “such parenting time oncommencement of an action relating to child
behalf of the child and a parent as will enable theparenting time or custody but prior to the
child and the parent to maintain a child to parentissuance of an order determining custody or
relationship that will be in the best interests of theparenting time rights, where the action manifests
child.”an intent substantially to deprive that parent of
Only if a court find, after a hearing, that parentingparental rights;
time with a parent is likely to endanger the child's(5) retains a child in this state with the knowledge
physical or emotional health or impair the child'sthat the child was removed from another state in
emotional development, may the court restrictviolation of any of the above provisions;
parenting time with that parent as to time, place,The offense is punishable by imprisonment for not
duration, or supervision and may deny parentingmore than two years or to payment of a fine of
time entirely, as the circumstances warrant.not more than $4,000. The court may also, in
It is critical to note that child support andaddition to any sentence imposed, assess any
parenting time are separate and distinct issues.expense incurred in returning the child against any
Minnesota Statutes 518.17 specifically states thatperson convicted.
“a parent's failure to pay support because ofCIVIL REMEDIES DEPRIVATION OF PARENTAL
the parent's inability to do so shall not be sufficientRIGHTS
cause for denial of parenting time.”Minnesota Statutes also state that a court may
What is particularly noteworthy is that Minnesotaprovide for one or more of the following
Statutes provide a minimum presumptive baseremedies for denial of or interference with
for parenting time. “In the absence of othercourt-ordered parenting time:
evidence, there is a reputable presumption that a1. If the court finds that a person has been
parent is entitled to receive at least 25 percent ofdeprived of court-ordered parenting time, the
the parenting time for the child.” Minnesotacourt shall order the parent who has interfered to
Statutes Sec. 518.17.allow compensatory parenting time to the other
Courts may also consider as part of any custodyparent or the court shall make specific findings as
and parenting time analysis whether one parentto why a request for compensatory parenting
will support and foster a relationship between thetime is denied. If compensatory parenting time is
child and other parent. In act Minnesota Statutesawarded, additional parenting time must be:
Sec. 518.17, subd. 5 states, in part, that a court• at least of the same type and duration as
may restrict parenting time if it finds that onethe deprived parenting time and, at the discretion
parent has chronically and unreasonably failed toof the court, may be in excess of or of a
comply with court-ordered parenting time.different type than the deprived parenting time;
Courts make determinations related to custody• taken within one year after the deprived
and parenting based on what is in a child's bestparenting time; and
interests. As part of that decision making process,• at a time acceptable to the parent deprived
courts may consider any factors relevant to thatof parenting time.
determination. Minnesota Statutes enumerate 13If the court finds that a party has wrongfully
factors that may be specifically considered.failed to comply with a parenting time order or a
However, that does not preclude a court frombinding agreement, court may:
considering conduct by one parent that is(1) impose a civil penalty of up to $500 on the
designed to alienate the other parent from theparty;
child or that reflect a desire to interfere with the(2) require the party to post a bond with the
other parents access time or parental rights.court for a specified period of time to secure the
Often emails, letters, text messages and voiceparty's compliance;
mail messages that unilateral seek to limit parental(3) award reasonable attorney's fees and costs;
access can be used in court as documentation of(4) require the party who violated the parenting
one parents resistance to co-parenting.time order or binding agreement or decision of
Where joint custody is sought, Minnesotathe parenting time expediter to reimburse the
Statutes Sec. 518.17, sub. 2, adds additionalother party for costs incurred as a result of the
factors which must be considered whichviolation of the order or agreement or decision; or
specifically include:(5) award any other remedy that the court finds
(a) the ability of parents to cooperate in theto be in the best interests of the children involved.
rearing of their children;If the court finds that a party has been denied
(b) methods for resolving disputes regarding anyparenting time and has incurred expenses in
major decision concerning the life of the child, andconnection with the denied parenting time, the
the parents' willingness to use those methods;court may require the party who denied parenting
(c) whether it would be detrimental to the child iftime to post a bond in favor of the other party in
one parent were to have sole authority over thethe amount of prepaid expenses associated with
child's upbringing; andupcoming planned parenting time.
(d) whether domestic abuse, as defined in section