HF 660

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; changing procedures and 
  1.3             presumptions relating to joint custody; amending 
  1.4             Minnesota Statutes 1998, section 518.17, subdivision 2.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 518.17, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] (a) In 
  1.9   addition to the factors listed in subdivision 1, where either 
  1.10  joint legal or joint physical custody is contemplated or sought, 
  1.11  the court shall consider the following relevant factors:  
  1.12     (a) (1) The ability of parents to cooperate in the rearing 
  1.13  of their children; 
  1.14     (b) (2) Methods for resolving disputes regarding any major 
  1.15  decision concerning the life of the child, and the parents' 
  1.16  willingness to use those methods; 
  1.17     (c) (3) Whether it would be detrimental to the child if one 
  1.18  parent were to have sole authority over the child's upbringing; 
  1.19  and 
  1.20     (d) (4) Whether domestic abuse, as defined in section 
  1.21  518B.01, has occurred between the parents.  
  1.22     (b) The court shall use a rebuttable presumption that upon 
  1.23  request of either or both parties, joint legal custody is in the 
  1.24  best interests of the child, and there is a rebuttable 
  1.25  presumption that joint physical custody is in the best interests 
  2.1   of the child if the parents have agreed to joint physical 
  2.2   custody.  However, the court shall use a rebuttable presumption 
  2.3   that joint legal or physical custody is not in the best 
  2.4   interests of the child if domestic abuse, as defined in section 
  2.5   518B.01, has occurred between the parents. 
  2.6      (c) If the court awards joint legal or physical custody 
  2.7   over the objection of a party, the court shall make detailed 
  2.8   findings on each of the factors in this subdivision and explain 
  2.9   how the factors led to its determination that joint custody 
  2.10  would be in the best interests of the child. 
  2.11     (d) In making an order of joint legal custody, the court 
  2.12  shall specify the circumstances under which the consent of both 
  2.13  parents is required to be obtained in order to exercise legal 
  2.14  control of the child and the consequences of the failure to 
  2.15  obtain mutual consent.  In all other circumstances, either 
  2.16  parent acting alone may exercise legal control of the child.  An 
  2.17  order of joint legal custody must not be construed to permit an 
  2.18  action that is inconsistent with the physical custody order 
  2.19  unless the action is expressly authorized by the court. 
  2.20     (e) In making an order of joint physical custody, the court 
  2.21  shall specify the rights of each parent to physical control of 
  2.22  the child in sufficient detail to enable a parent deprived of 
  2.23  that control to implement laws for relief of child snatching and 
  2.24  kidnapping. 
  2.25     (f) In making an order for custody with respect to both 
  2.26  parents, the court may grant joint legal custody without 
  2.27  granting joint physical custody. 
  2.28     (g) In making an order of joint physical custody or joint 
  2.29  legal custody, the court may specify one parent as the primary 
  2.30  caretaker of the child and one home as the primary home of the 
  2.31  child, for the purposes of determining eligibility for public 
  2.32  assistance. 
  2.33     (h) An order for joint custody may be modified or 
  2.34  terminated upon the petition of one or both parents or on the 
  2.35  court's own motion if the modification or termination is shown 
  2.36  to be in the child's best interests.  If either parent opposes 
  3.1   modification or termination of the order, the court shall state 
  3.2   in its decision the reasons for modification or termination of 
  3.3   the joint custody order. 
  3.4      (i) An order for the custody of a minor child entered by a 
  3.5   court in this state or any other state may, subject to 
  3.6   jurisdictional requirements, be modified at any time to an order 
  3.7   for joint custody in accordance with this chapter.