HF 1183

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:45am

A bill for an act
relating to family law; changing certain child custody and support provisions and
presumptions; amending Minnesota Statutes 2008, sections 518.17, subdivisions
2, 3; 518.175, subdivision 5; proposing coding for new law in Minnesota
Statutes, chapter 518.

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

Section 1.

Minnesota Statutes 2008, section 518.17, subdivision 2, is amended to read:

Subd. 2.

Factors when joint custody is sought.

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:

(a) the ability of parents to cooperate in the rearing of their children;

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

(c) whether it would be detrimental to the child if one parent were to have sole
authority over the child's upbringing; and

(d) whether domestic abuse, as defined in section 518B.01, has occurred between
the parents.

deleted text begin The court shall use a rebuttable presumption that upon request of either or both
parties, joint legal 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.
deleted text end

deleted text begin 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.
deleted text end

Sec. 2.

Minnesota Statutes 2008, section 518.17, subdivision 3, is amended to read:

Subd. 3.

Custody order.

(a) Upon adjudging the nullity of a marriage, or in a
dissolution or separation proceeding, or in a child custody proceeding, the court shall
make such further order as it deems just and proper concerning:

(1) the legal custody of the minor children of the parties which shall be sole or joint;

(2) their physical custody and residence; and

(3) their support. In determining custody, the court shall consider the best interests
of each child and shall not prefer one parent over the other solely on the basis of the sex of
the parent. new text begin In determining custody, there is no presumption for sole or joint physical or
legal custody. The court shall make detailed findings on each of the factors in this section
and explain how the factors led to its determination that the legal and physical custody
grant would be in the best interests of the child.
new text end

(b) The court shall grant the following rights to each of the parties, unless specific
findings are made under section 518.68, subdivision 1. Each party has the right of access
to, and to receive copies of, school, medical, dental, religious training, and other important
records and information about the minor children. Each party has the right of access to
information regarding health or dental insurance available to the minor children. Each
party shall keep the other party informed as to the name and address of the school of
attendance of the minor children. Each party has the right to be informed by school
officials about the children's welfare, educational progress and status, and to attend school
and parent-teacher conferences. The school is not required to hold a separate conference
for each party. In case of an accident or serious illness of a minor child, each party shall
notify the other party of the accident or illness, and the name of the health care provider
and the place of treatment. Each party has the right to reasonable access and telephone
contact with the minor children. The court may waive any of the rights under this section
if it finds it is necessary to protect the welfare of a party or child.

Sec. 3.

Minnesota Statutes 2008, section 518.175, subdivision 5, is amended to read:

Subd. 5.

Modification of parenting plan or order for parenting time.

If
modification would serve the best interests of the child, the court shall modify the
decision-making provisions of a parenting plan or an order granting or denying parenting
time, if the modification would not change the child's primary residence. new text begin The court shall
consider modification of parenting time to serve the best interests of the child if there
has been a significant change in circumstances. A significant change in circumstances
may include a significant change in the child's age and developmental needs. new text end Except as
provided in section 631.52, the court may not restrict parenting time unless it finds that:

(1) parenting time is likely to endanger the child's physical or emotional health or
impair the child's emotional development; or

(2) the parent has chronically and unreasonably failed to comply with court-ordered
parenting time.

If a parent makes specific allegations that parenting time by the other parent places
the parent or child in danger of harm, the court shall hold a hearing at the earliest possible
time to determine the need to modify the order granting parenting time. Consistent with
subdivision 1a, the court may require a third party, including the local social services
agency, to supervise the parenting time or may restrict a parent's parenting time if
necessary to protect the other parent or child from harm. If there is an existing order
for protection governing the parties, the court shall consider the use of an independent,
neutral exchange location for parenting time.

new text begin A motion to modify the time each parent spends with the child may be made only
within the time limits provided by section 518.18.
new text end

Sec. 4.

new text begin [518.186] AGREEMENT BY PARTIES.
new text end

new text begin In a proceeding under this chapter, if the parties have a full or partial agreement as
to custody or parenting time or both, the parties may submit the agreement to the court.
The court shall consider the agreement as soon as possible without requiring the parties to
submit to any other program as a prerequisite to court consideration.
new text end