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Child Custody or Parenting Time Filing

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Affidavit in Support of Motion for Parenting Time Assistance

State of Minnesota

District Court

In Re the Marriage of:

and

Affidavit in Support of Motion
for Parenting Time Assistance

STATE OF MINNESOTA )

) SS

COUNTY OF )

My true and correct name is

In answering the following questions I understand that I must tell the truth.

1. a. This Notice of Motion is NOT a request to establish parenting time rights because an Order establishing parenting time rights for me the other party has already been issued in this case. Instead, my Notice of Motion and Motion is a request to resolve a parenting time problem.

1. b. An Order exists reserving parenting time rights. This Notice of Motion requests an Order granting me parenting time rights.

2. An Order for Protection involving me and the other party and/or the child(ren) (check one):

a. IS NOT currently in effect in any state.

b. IS in effect from County in the State of and its court file number is

3. A child protection proceeding involving one or more of the children in this case (check one)

a. IS NOT now taking place in any state.

b. IS now taking place in County in the State of and its court file number is

4. The following child(ren) are involved in this case (attach another sheet of paper if necessary):

Name of Child Birth Date My Relationship to Child

5. The child(ren) live in the State of and have lived there since (month) , .

The child(ren) live with who is related to them as .

The address of the child(ren) is:

Street Address:

City/State/Zip:

6. I have a parenting time problem. It is:

For questions 7-18, check off only those that apply – the same as on your Notice of Motion and Motion form.

7. I was scheduled to have parenting time on the following date(s): at the following times but the other party wrongfully denied my scheduled parenting time by doing the following:

I ask the Court to give me makeup (compensatory) parenting time because of the parenting time that was denied to me. The makeup parenting time should take place on the following date(s): at the following time(s) which is within one year of the date my scheduled parenting time/visitation was wrongfully denied.

8. I ask the Court to appoint a Parenting Time Expeditor to help me and the other party resolve this parenting time problem and/or any future parenting time problems that may happen. I understand that the other party and I may be required by the Court to pay for the fees and costs of the Parenting Time Expeditor.

9. I ask the Court to change the parenting time to supervised parenting time. I believe that it is in the best interests of the child(ren) that the existing Parenting Time/Visitation Order be changed to require supervised parenting time because:

10. I ask the Court to change the parenting time to unsupervised parenting time. I believe it is in the best interests of the child(ren) that the existing Parenting time/Visitation Order be changed to allow unsupervised parenting time because:

11. I ask that the existing Parenting Time/Visitation Order be changed to provide for drop-offs and pick-ups of the child(ren) to occur at a visitation exchange center, and for both parties to be ordered to follow all rules of the visitation exchange center because:

12. I ask that the existing Parenting Time/Visitation Order be changed to provide for the transportation of the child(ren) for parenting time as follows:

because:

13. I ask that the parenting time be changed to a specific schedule. I believe that it is in the best interests of the child(ren) that the existing Order be changed from “reasonable visitation” to the specific parenting time schedule stated in my motion because:

14. I ask that the Court change the existing schedule to a new schedule as in my Notice of Motion and Motion. I believe that it is in the best interest of the child(ren) that the existing Parenting Time/Visitation schedule should be changed because:

15. I ask that the Court change the existing Order “reserving parenting time/visitation” to give me specific scheduled parenting time as requested in my Notice of Motion and Motion. (Answer all of a-f)

a. I believe it is in the best interests of the child(ren) that I have parenting time with the child(ren) because:

b. I last saw the child(ren) on the following date:

The circumstances were:

c. My last overnight visit with the child(ren) was on the following date:

The circumstances were:

d. My work schedule is: (list hours and days of the week that you work)

e. My net monthly income is: $

f. If I am awarded parenting time, I will will not be able to transport the child(ren) to or from visits.

16. I ask that the other party be ordered to pay me for my court fees and costs which total $ and consist of: (list each fee/cost, and the separate amount for each)

I am asking the Court to order the other party to pay me for my court fees and costs because:

17. Because the other party wrongfully disobeyed the Parenting Time/Visitation Order or an agreement made with or a decision made by a Parenting Time Expeditor, I incurred expenses I would not have otherwise had. I ask the Court to order the other party to pay me for my other expenses which total $ and consist of (list each expense separately, the reason for each expense and the amount of each expense):

18. Because the other party wrongfully disobeyed the existing Parenting Time/Visitation Order, or wrongfully failed to follow our agreement made with a Parenting Time Expeditor or failed to follow the decision of a Parenting Time Expeditor, I ask that the other party be ordered to pay to the Court a civil penalty of up to $500.

19. I have already paid a total of $ for (list each expense separately, and state the amount of each expense):

in connection with an upcoming scheduled parenting time. As allowed under Minnesota Statutes section 518.175, subdivision 6(d), I ask the Court to direct the other party to pay to the Court to be held in escrow account an amount of money equal to my prepaid expenses for the upcoming parenting time to help guarantee that the other party obeys the Parenting Time Order. I also ask that if the other party denies my upcoming parenting time that the money be paid to me.

20. I believe the following additional information would be helpful to the Court in understanding this parenting time problem:

I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.

Dated:

Signature

Name:

Address:

City/State/Zip:

Telephone:

E-mail address:

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What the Child Custody or Parenting Time Filing Is

A Child Custody or Parenting Time Filing is a court document used to request, modify, or clarify legal custody and parenting time (visitation) arrangements for one or more children. Typical filings include an initial petition, a proposed parenting plan, temporary orders, and supporting affidavits. Filings establish parental responsibilities, decision-making authority, and a timeshare schedule for physical custody. Courts treat these as family-law matters governed by state procedure; some jurisdictions accept electronic submission while others require wet signatures or in-court filings for certain documents.

Why a Proper Filing Matters

A correct filing creates an enforceable parenting plan, helps avoid delays, and protects the child’s welfare and parental rights under state family law. Accurate filings reduce the risk of rejected paperwork, missed hearings, or enforcement problems while documenting each party’s proposed schedule and responsibilities.

Why a Proper Filing Matters

Who Typically Prepares and Files This Paperwork

Parents, legal guardians, and attorneys most commonly prepare and file custody or parenting time petitions; courts and mediators receive and review the documents.

  • Petitioning parent or guardian seeking custody or changes in parenting time.
  • Responding parent or guardian who must answer or counter-petition after service.
  • Family law attorneys, guardians ad litem, and mediators involved in negotiation or representation.

Core Components to Include in the Filing

A well-organized filing bundles the petition, parenting plan, supporting statements, and evidence to help the court evaluate custody and parenting time.

Petition

Formal request that names parties, states jurisdictional facts, and lists the relief sought including custody type and temporary orders.

Parenting Plan

Detailed proposed schedule describing regular timeshare, holidays, school breaks, transportation responsibilities, and decision-making authority.

Affidavit

Sworn statement explaining circumstances, safety concerns, parenting history, and reasons the proposed plan serves the child’s best interests.

Financial Declaration

Income, expenses, and childcare costs used for child support computations and to inform the court about resources available to each parent.

Exhibits

Supporting evidence such as school records, medical reports, messages, and custody evaluations that substantiate factual claims in the petition.

Proposed Orders

Draft orders for the judge to sign that implement the parenting plan, temporary custody, or supervision conditions pending final hearing.

Essential Data Fields to Provide

Child Details: Full name, DOB
Parent Names: Legal names, relationships
Addresses: Street, city, state, ZIP
Proposed Schedule: Daily and holiday timeshare
Contact Info: Phone and email
Safety Notes: Restraining orders, concerns

Step-by-Step: Completing and Filing Your Petition

Follow a clear sequence: prepare documents, confirm jurisdiction, file with the clerk, and serve the other party according to local rules.

  • 01
    Prepare Documents: Assemble petition, parenting plan, and exhibits.
  • 02
    File Petition: Submit to court clerk either electronically or in person.
  • 03
    Serve Opposing Party: Complete service per state rules and obtain proof of service.
  • 04
    Attend Hearings: Bring originals and follow the court timetable.

Setting Up an Online Workflow for the Filing

Configure a repeatable e-filing workflow: templates, signer authentication, notifications, and document storage.

Field Configuration
Template Save petition and parenting plan as reusable templates
Authentication Use email plus optional SMS code for signer identity
Notifications Auto-email parties on filing, signing, and court dates
Storage Archive PDFs with audit trail and retention tags

Where to File and How Submissions Move through the System

Filing routes vary by jurisdiction: e-file portals, county clerk in-person filings, or filings at family court. Know your local requirements before submitting.

  • E-file Portal: Upload documents to the court’s electronic filing system when available.
  • Clerk’s Office: Deliver in person or by mail if the court does not accept e-filings.
  • Service Process: Serve the respondent using a process server, sheriff, or permitted substitute.
  • Court Review: Clerk assigns case number and schedules initial hearing or status conference.

Technical Considerations for Digital Filing and Signing

Confirm file formats, signer authentication, and whether the court accepts electronic signatures or requires original wet signatures.

  • Accepted Formats: PDF and DOCX are commonly accepted
  • Signer Authentication: Email, SMS codes, or advanced verification
  • Integration: Link to cloud storage and case management systems

Typical Timelines and Scheduling Expectations

Timelines differ by court and county; plan for filing, service, temporary orders, and final hearing with local variation in scheduling and processing times.

Initial Hearing Window:

Often scheduled within 30–90 days; local court calendars vary.

Temporary Orders:

Can be requested at initial hearing or via ex parte emergency petition.

Service Deadline:

Respondent must be served before hearing per state rules.

Discovery Period:

May include evaluations, home studies, or records exchange before trial.

Modification Requests:

File a modification petition when circumstances materially change.

Common Mistakes to Avoid

  • Submitting incomplete parenting plans or omitting child DOBs that delay clerical processing and hearings.
  • Failing to follow local service rules, which can result in dismissal or the need to re-serve the respondent.
  • Using vague scheduling language for holidays and school breaks leading to future disputes about interpretation.
  • Not attaching required exhibits or affidavits that substantiate safety concerns or parental fitness claims.

Consequences of Improper or Incorrect Filings

Dismissal Risk: Court may dismiss petition for improper service
Contempt Exposure: Noncompliance with orders can lead to contempt sanctions
Delay of Relief: Errors prolong temporary orders and hearings
Modification Limits: Incorrect facts can weaken later modification requests
Evidence Exclusion: Unauthenticated documents may be excluded
Perjury Risk: False sworn statements expose legal penalties

Who Can Sign or Join the Filing

Petitioner — Parent

The parent or legal guardian who initiates the action signs the petition and any affidavits; if represented, counsel will also sign notices and filings consistent with court rules and jurisdictional signature requirements.

Guardian ad Litem

Court-appointed guardians or evaluators may file reports or attestations and sign joint recommendations; their submissions carry procedural weight and must follow local filing procedures.

Notarization, Witnesses, and Authentication Steps

Authentication steps protect sworn statements and parental attestations; follow the court’s rules for notarization or witness requirements when filing affidavits or declarations.

01

Prepare Affidavit

Draft sworn statements needing notarization or signature

02

Choose Notarization Method

Use in-person or RON where the state permits

03

Arrange Witnesses

If required, have witnesses sign and provide IDs

04

Execute Notary

Notary completes acknowledgment or jurat per state law

05

Record Audio/Video

RON may require audio-video recording and retention

06

Attach Certificate

Include notary certificate or RON record with filing

07

File Originals

Submit originals if the court requires wet signatures

08

Keep Copies

Retain certified copies and audit trails for records

eSignature Vendor Comparison for Filing and Signing

Select a provider that supports required authentication, audit trails, and any needed HIPAA or court-specific assurances. signNow is listed first for direct feature comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes No No

Frequently Asked Questions About Child Custody or Parenting Time Filing

Answers to common procedural and technical questions about preparing, submitting, and authenticating custody or parenting time filings for family court.


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