HF 779

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to family law; providing a presumption in
favor of joint physical custody; amending Minnesota
Statutes 2004, sections 518.003, subdivision 3;
518.156, by adding a subdivision; 518.17, subdivision
2.

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

Section 1.

Minnesota Statutes 2004, section 518.003,
subdivision 3, is amended to read:

Subd. 3.

Custody.

Unless otherwise agreed by the parties:

(a) "Legal custody" means the right to determine the
child's upbringing, including education, health care, and
religious training.

(b) "Joint legal custody" means that both parents have
equal rights and responsibilities, including the right to
participate in major decisions determining the child's
upbringing, including education, health care, and religious
training.

(c) "Physical custody and residence" means the routine
daily care and control and the residence of the child.

(d) "Joint physical custody" means that the routine daily
care and control and the residence of the child is structured
between the parties. new text begin Joint physical custody does not require an
equal division of time between the parties.
new text end

(e) Wherever used in this chapter, the term "custodial
parent" or "custodian" means the person who has the physical
custody of the child at any particular time.

(f) "Custody determination" means a court decision and
court orders and instructions providing for the custody of a
child, including parenting time, but does not include a decision
relating to child support or any other monetary obligation of
any person.

(g) "Custody proceeding" includes proceedings in which a
custody determination is one of several issues, such as an
action for dissolution, divorce, or separation, and includes
proceedings involving children who are in need of protection or
services, domestic abuse, and paternity.

Sec. 2.

Minnesota Statutes 2004, section 518.156, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Deadline for custody agreement or parenting
plan. new text end

new text begin Within 90 days after a custody proceeding is commenced by
a parent or when the matter is set for determination by the
court, whichever is earlier, the parents must enter an agreement
regarding custody or agree on a parenting plan under section
518.1705. If the parents fail to meet this deadline, the court
must use the rebuttable presumption regarding joint physical
custody provided by section 518.17, subdivision 2, paragraph (b).
new text end

Sec. 3.

Minnesota Statutes 2004, section 518.17,
subdivision 2, is amended to read:

Subd. 2.

Factors when joint custody is sought new text begin ; effect of
parents' failure to enter agreement new text end .

new text begin (a) new text end In addition to the
factors listed in subdivision 1, where either joint legal or
joint physical custody is contemplated or sought, the court
shall consider the following relevant factors:

deleted text begin (a) deleted text end new text begin (1) new text end the ability of parents to cooperate in the rearing
of their children;

deleted text begin (b) deleted text end new text begin (2) new text end methods for resolving disputes regarding any major
decision concerning the life of the child, and the parents'
willingness to use those methods;

deleted text begin (c) deleted text end new text begin (3) new text end whether it would be detrimental to the child if deleted text begin one
parent deleted text end new text begin both parents new text end were to have deleted text begin sole deleted text end authority over the child's
upbringing; and

deleted text begin (d) deleted text end new text begin (4) new text end whether domestic abuse, as defined in section
518B.01, has occurred between the parents.

The court shall use a rebuttable presumption that upon
request of either or both parties, joint legal new text begin and physical
new text end custody is in the best interests of the child. However, the
court shall use a rebuttable presumption that joint legal or
physical custody is not in the best interests of the child if
domestic abuse, as defined in section 518B.01, has occurred
between the parents.

If the court awards joint legal or physical custody over
the objection of a party, the court shall make detailed findings
on each of the factors in this subdivision and explain how the
factors led to its determination that joint custody would be in
the best interests of the child.

new text begin (b) Within 90 days after a child custody proceeding is
commenced by a parent or when the matter is set for a custody
hearing, whichever is earlier, parents must reach agreement
regarding custody or agree on a parenting plan under section
518.1705. If the parents fail to meet this deadline, the court
must use a rebuttable presumption, except as otherwise provided
by this subdivision, that upon request of either party joint
physical custody involving an equal division of time between the
parties is in the best interests of the child.
new text end