HF 47

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to family law; modifying the definition of 
  1.3             domestic abuse for purposes of evaluating the best 
  1.4             interests of a child in a custody determination; 
  1.5             amending Minnesota Statutes 1996, section 518.17, 
  1.6             subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 518.17, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [THE BEST INTERESTS OF THE CHILD.] (a) "The 
  1.11  best interests of the child" means all relevant factors to be 
  1.12  considered and evaluated by the court including: 
  1.13     (1) the wishes of the child's parent or parents as to 
  1.14  custody; 
  1.15     (2) the reasonable preference of the child, if the court 
  1.16  deems the child to be of sufficient age to express preference; 
  1.17     (3) the child's primary caretaker; 
  1.18     (4) the intimacy of the relationship between each parent 
  1.19  and the child; 
  1.20     (5) the interaction and interrelationship of the child with 
  1.21  a parent or parents, siblings, and any other person who may 
  1.22  significantly affect the child's best interests; 
  1.23     (6) the child's adjustment to home, school, and community; 
  1.24     (7) the length of time the child has lived in a stable, 
  1.25  satisfactory environment and the desirability of maintaining 
  1.26  continuity; 
  2.1      (8) the permanence, as a family unit, of the existing or 
  2.2   proposed custodial home; 
  2.3      (9) the mental and physical health of all individuals 
  2.4   involved; except that a disability, as defined in section 
  2.5   363.01, of a proposed custodian or the child shall not be 
  2.6   determinative of the custody of the child, unless the proposed 
  2.7   custodial arrangement is not in the best interest of the child; 
  2.8      (10) the capacity and disposition of the parties to give 
  2.9   the child love, affection, and guidance, and to continue 
  2.10  educating and raising the child in the child's culture and 
  2.11  religion or creed, if any; 
  2.12     (11) the child's cultural background; 
  2.13     (12) the effect on the child of the actions of an abuser, 
  2.14  if related to domestic abuse, as defined in section 518B.01, 
  2.15  that has occurred between the parents or between a parent and 
  2.16  another individual, whether or not the individual alleged to 
  2.17  have committed domestic abuse is or ever was a family or 
  2.18  household member of the parent; and 
  2.19     (13) except in cases in which a finding of domestic abuse 
  2.20  as defined in section 518B.01 has been made, the disposition of 
  2.21  each parent to encourage and permit frequent and continuing 
  2.22  contact by the other parent with the child. 
  2.23     The court may not use one factor to the exclusion of all 
  2.24  others.  The primary caretaker factor may not be used as a 
  2.25  presumption in determining the best interests of the child.  The 
  2.26  court must make detailed findings on each of the factors and 
  2.27  explain how the factors led to its conclusions and to the 
  2.28  determination of the best interests of the child.  
  2.29     (b) The court shall not consider conduct of a proposed 
  2.30  custodian that does not affect the custodian's relationship to 
  2.31  the child.