HF 292

as introduced - 87th Legislature (2011 - 2012) Posted on 01/31/2011 10:31am

A bill for an act
relating to families; requiring parenting plans; amending Minnesota Statutes
2010, section 518.1705, subdivisions 3, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 518.1705, subdivision 3, is amended to
read:

Subd. 3.

Creating parenting plan; restrictions on creation; alternative.

(a)
deleted text begin Upon the request of both parents, a parenting plan must be created in lieu of an order for
child custody and parenting time deleted text end new text begin The court shall adopt a parenting plan proposed by
both parents new text end unless the court makes detailed findings that the proposed plan is not in the
best interests of the child.

(b) If both parents do not agree to a parenting plan, the court deleted text begin may deleted text end new text begin shall new text end create deleted text begin one deleted text end new text begin a
parenting order new text end on its own motion, deleted text begin except that the court must not do so if it deleted text end new text begin unless the court: new text end

new text begin (1) makes detailed findings that use of a parenting order is not feasible; or
new text end

new text begin (2) new text end finds that a parent has committed domestic abuse against a parent or child who is
a party to, or subject of, the matter before the court. deleted text begin If the court creates a parenting plan
on its own motion, it must not use alternative terminology unless the terminology is
agreed to by the parties.
deleted text end

(c) If an existing order does not contain a parenting plan, the parents must not be
required to create a parenting plan as part of a modification order under section 518A.39.

(d) A parenting plan must not be required during an action under section 256.87.

(e) If the parents do not agree to a parenting plan and the court does not create one
on its own motion, orders for custody and parenting time must be entered under sections
518.17 and 518.175 or section 257.541, as applicable.

Sec. 2.

Minnesota Statutes 2010, section 518.1705, subdivision 4, is amended to read:

Subd. 4.

Custody designation.

deleted text begin A final judgment and decree that includes a
parenting plan using alternate terms to designate decision-making responsibilities or
allocation of residential time between the parents must designate whether the parents
have joint legal custody or joint physical custody or which parent has sole legal custody
or sole physical custody, or both. This designation is solely for enforcement of the final
judgment and decree where this designation is required for that enforcement and has no
effect under the laws of this state, any other state, or another country that do not require
this designation. deleted text end new text begin In a parenting plan or order, it is not required to designate sole or joint
legal or physical custody. If the parenting plan or order substitutes other terms for legal
and physical custody or does not make a designation and designation of legal and physical
custody is necessary for enforcement of the judgment and decree in another jurisdiction,
it must be considered solely for that purpose that the parents have joint legal and joint
physical custody.
new text end