HF 887

as introduced - 91st Legislature (2019 - 2020) Posted on 03/04/2019 04:29pm

A bill for an act
relating to family law; modifying parenting time presumptions; requiring findings
for parenting time schedules; amending Minnesota Statutes 2018, section 518.175,
subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 518.175, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) In all proceedings for dissolution or legal separation,
subsequent to the commencement of the proceeding and continuing thereafter during the
minority of the child, the court shall, upon the request of either parent, grant such parenting
time on behalf of the child and a parent as will enable the child and the parent to maintain
a child to parent relationship that will be in the best interests of the child. new text begin The court shall
use a rebuttable presumption that it is in the best interests of the child to protect each
individual parent-child relationship by maximizing the child's time with each parent. new text end The
court, when issuing a parenting time order, may reserve a determination as to the future
establishment or expansion of a parent's parenting time. In that event, the best interest
standard set forth in subdivision 5, paragraph (a), shall be applied to a subsequent motion
to establish or expand parenting time.

(b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger
the child's physical new text begin , mental, new text end or emotional health new text begin or safety new text end or impair the child's emotional
development, the court shall restrict parenting time with that parent as to time, place, duration,
or supervision and may deny parenting time entirely, as the circumstances warrant. deleted text begin The
court shall consider the age of the child and the child's relationship with the parent prior to
the commencement of the proceeding.
deleted text end

(c) A parent's failure to pay support because of the parent's inability to do so shall not
be sufficient cause for denial of parenting time.

(d) The court may provide that a law enforcement officer or other appropriate person
will accompany a party seeking to enforce or comply with parenting time.

(e) Upon request of either party, to the extent practicable an order for parenting time
must include a specific schedule for new text begin regular new text end parenting time, including the frequency and
duration of deleted text begin visitation deleted text end new text begin parenting time new text end and deleted text begin visitation deleted text end new text begin parenting time new text end during holidays deleted text begin and deleted text end new text begin , new text end
vacations, new text begin and school breaks, new text end unless parenting time is restricted, denied, or reserved.

(f) The court administrator shall provide a form for a pro se motion regarding parenting
time disputes, which includes provisions for indicating the relief requested, an affidavit in
which the party may state the facts of the dispute, and a brief description of the parenting
time expeditor process under section 518.1751. The form may not include a request for a
change of custody. The court shall provide instructions on serving and filing the motion.

(g) deleted text begin In the absence of other evidence, deleted text end There is a rebuttable presumption that deleted text begin a deleted text end new text begin the court
shall award each new text end parent deleted text begin is entitled to receive a minimum of 25 deleted text end new text begin 50 new text end percent of the parenting
time for the child. new text begin If it is not practicable to award 50 percent parenting time to each parent,
the court shall maximize parenting time for each parent as close as possible to the 50 percent
presumption. new text end For purposes of this paragraph, the percentage of parenting time may be
determined by calculating the number of overnights that a child spends with a parent or by
using a method other than overnights if the parent has significant time periods on separate
days when the child is in the parent's physical custody but does not stay overnight. deleted text begin The
court may consider the age of the child in determining whether a child is with a parent for
a significant period of time.
deleted text end

new text begin (h) The court must include in a parenting time order the following:
new text end

new text begin (1) the ability of each parent to comply with the awarded parenting time schedule; and
new text end

new text begin (2) if a court deviates from the parenting time presumption under paragraph (g) and the
parties have not otherwise made a parenting time agreement, the court shall make written
findings of fact supported by clear and convincing evidence that the deviation results from
one or more of the following:
new text end

new text begin (i) a parent has a diagnosed, untreated mental health issue that makes the parenting time
presumption impermissible;
new text end

new text begin (ii) a parent has a diagnosed and untreated substance abuse issue;
new text end

new text begin (iii) domestic abuse, as defined in section 518B.01, subdivision 2, between the parents
or between a parent and the child;
new text end

new text begin (iv) a parent is unable to care for the child 50 percent of the time because of the parent's
inability to modify the parent's schedule to accommodate having a child 50 percent of the
time and verifiable scheduling conflicts including but not limited to conflicts related to
work, school, medical issues, or child care;
new text end

new text begin (v) a parent's repeated willful failure to care for a child during parenting time awarded
pursuant to a temporary order;
new text end

new text begin (vi) the distance required to travel between each parent's residence is so great that it
makes the parenting time presumption impractical to meet; or
new text end

new text begin (vii) the child has a diagnosed medical or educational special need that cannot be
accommodated by the parenting time presumption schedule.
new text end

new text begin (i) In assessing whether to deviate from the parenting time presumption in paragraph
(g), the court shall consider that a reduction in a parent's parenting time may impair the
parent's ability to parent the child, which may have negative impacts on the child.
new text end

new text begin (j) If a child does not have a relationship with a parent due to a long willful absence with
minimal or no contact with the child, or if the child is one year old or younger, the court
may order a gradual increase in parenting time. If the court orders a gradual increase in
parenting time, the gradual increase shall only be in effect for a period of six months or
less, at which time the order shall provide for a parenting time schedule based on the
parenting time presumption in paragraph (g).
new text end

new text begin (k) The court shall not limit parenting time for a parent based solely on the age of the
child. If the child is five years old or younger at the time the parenting time schedule is
established and the order does not provide for equal parenting time, the order must include
a provision for a possible future modification of the parenting time order.
new text end

new text begin (l) The court shall not consider the gender of a parent or a parent's marital status in
making parenting time determinations under this section.
new text end

new text begin (m) An award of parenting time of up to 53 percent for one parent and not below 47
percent for the other parent does not constitute a deviation from the parenting time
presumption in paragraph (g).
new text end

new text begin (n) In awarding parenting time, the court shall evaluate whether:
new text end

new text begin (1) one parent has engaged in unwarranted interference between the child and the other
parent;
new text end

new text begin (2) one parent has made false allegations that the other parent has committed abuse
against the alleging parent, a third party in contact with the child, or the child; and
new text end

new text begin (3) one parent has chronically denied or minimized parenting time to the other parent
in order to gain advantage in custody matters.
new text end