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HF 292

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/09/2011 11:39am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/31/2011
1st Engrossment Posted on 02/09/2011

Current Version - 1st Engrossment

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A bill for an act
relating to families; requiring parenting plans; amending Minnesota Statutes
2010, section 518.1705, subdivisions 2, 3, 4.

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

Section 1.

Minnesota Statutes 2010, section 518.1705, subdivision 2, is amended to
read:


Subd. 2.

Plan elements.

(a) A parenting plan must include the following:

(1) a schedule of the time each parent spends with the child;

(2) a designation of decision-making responsibilities regarding the child; and

(3) a method of dispute resolution.

(b) A parenting plan may include other issues and matters the parents agree to
regarding the child.

(c) deleted text begin Parents voluntarily agreeing to parenting plansdeleted text end new text begin A parenting plan or ordernew text end may
substitute other terms for physical and legal custody, including designations of joint or
sole custody, provided that the terms used in the substitution are defined in the parenting
plannew text begin or ordernew text end .

Sec. 2.

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 create onedeleted text end new text begin shall
issue a parenting order
new text end on its own motion, deleted text begin except that the court must not do so if itdeleted 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. 3.

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 If the parenting plan or order does not designate legal and physical custody
and such a designation is necessary for enforcement of the plan or order for any purpose, it
must be presumed that the parents have joint legal and joint physical custody.
new text end