HF 2942

as introduced - 87th Legislature (2011 - 2012) Posted on 03/20/2012 10:45am

A bill for an act
relating to family law; allowing virtual parenting time; amending Minnesota
Statutes 2010, sections 518.1705, subdivisions 2, 3, 9; 518.175, subdivision 1.

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; deleted text begin and
deleted text end

(3) a method of dispute resolution deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) virtual parenting time, if the equipment necessary for virtual parenting time
is reasonably available.
new text end

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

(c) Parents voluntarily agreeing to parenting plans 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 plan.

new text begin (d) For purposes of this subdivision, "virtual parenting time" means reasonable
and uncensored time during which a parent and the parent's child communicate during
reasonable hours by using communication tools such as a telephone, electronic mail,
instant messaging, video conferencing or other wired or wireless technologies via the
Internet, or other medium of communication. Virtual parenting time may only be used to
supplement parenting time with the child. Virtual parenting time may not be used as a
replacement or as a substitute for parenting time with the child.
new 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) Upon
the request of both parents, a parenting plan must be created in lieu of an order for child
custody and parenting time 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 may create one on its
own motion, except that the court must not do so if it 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. 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.

(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.

new text begin (f) If the parents cannot agree on whether virtual parenting time equipment is
reasonably available for purposes of subdivision 2, paragraph (a), clause (4), the court
shall decide whether the equipment is reasonably available, taking into consideration:
new text end

new text begin (1) the best interests of the child;
new text end

new text begin (2) each parent's ability to handle any additional expenses for virtual parenting
time; and
new text end

new text begin (3) any other factors the court considers material.
new text end

Sec. 3.

Minnesota Statutes 2010, section 518.1705, subdivision 9, is amended to read:

Subd. 9.

Modification of parenting plans.

(a) Parents may modify new text begin by agreement:
new text end

new text begin (1) new text end the schedule of the time each parent spends with the child deleted text begin or deleted text end new text begin ; new text end

new text begin (2) new text end the decision-making provisions of a parenting plan deleted text begin by agreement deleted text end new text begin ; or
new text end

new text begin (3) the parenting plan by adding virtual parenting time new text end .

To be enforceable, modifications must be confirmed by court order. A motion to
modify decision-making provisions or the time each parent spends with the child may be
made only within the time limits provided by section 518.18.

(b) The parties may agree, but the court must not require them, to apply the best
interests standard in section 518.17 or 257.025, as applicable, for deciding a motion for
modification that would change the child's primary residence, provided that:

(1) both parties were represented by counsel when the parenting plan was approved;
or

(2) the court found the parties were fully informed, the agreement was voluntary,
and the parties were aware of its implications.

(c) If the parties do not agree to apply the best interests standard, section 518.18,
paragraph (d), applies.

Sec. 4.

Minnesota Statutes 2010, 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.

If the court finds, after a hearing, that parenting time with a parent is likely
to endanger the child's physical or emotional health 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. The court shall consider the age of the child and the child's relationship with the
parent prior to the commencement of the proceeding.

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.

(b) 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.

(c) Upon request of either party, to the extent practicable an order for parenting
time must include new text begin :
new text end

new text begin (1) new text end a specific schedule for parenting time, including the frequency and duration of
visitation and visitation during holidays and vacations, unless parenting time is restricted,
denied, or reserved deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) virtual parenting time, as defined in section 518.1705, subdivision 2, paragraph
(d), at reasonable hours and for a reasonable duration, unless parenting time is restricted,
denied, or reserved, and if the equipment is reasonably available, provided that if the
parties cannot agree on whether the equipment is reasonably available, the court shall
decide whether the equipment for virtual parenting time is reasonably available, taking
into consideration:
new text end

new text begin (i) the best interests of the child;
new text end

new text begin (ii) each parent's ability to handle any additional expenses for virtual parenting
time; and
new text end

new text begin (iii) any other factors the court considers material.
new text end

(d) 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.

(e) In the absence of other evidence, there is a rebuttable presumption that a parent is
entitled to receive at least 25 percent of the parenting time for the child. 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. The court may consider the age
of the child in determining whether a child is with a parent for a significant period of time.