HF 1535

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage dissolution; providing for 
  1.3             cooperative parenting and mandatory mediation; 
  1.4             amending Minnesota Statutes 1994, sections 518.17, 
  1.5             subdivision 2; and 518.619, by adding a subdivision.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 518.17, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] (a) In 
  1.10  addition to the factors listed in subdivision 1, where either 
  1.11  joint legal or joint physical custody is contemplated or sought, 
  1.12  the court shall consider the following relevant factors:  
  1.13     (a) (1) the ability of parents to cooperate in the rearing 
  1.14  of their children; 
  1.15     (b) (2) methods for resolving disputes regarding any major 
  1.16  decision concerning the life of the child, and the parents' 
  1.17  willingness to use those methods; 
  1.18     (c) (3) whether it would be detrimental to the child if one 
  1.19  parent were to have sole authority over the child's upbringing; 
  1.20  and 
  1.21     (d) (4) whether domestic abuse, as defined in section 
  1.22  518B.01, has occurred between the parents.  
  1.23     (b) The court shall use a rebuttable presumption that upon 
  1.24  request of either or both parties, joint legal custody is in the 
  1.25  best interests of the child.  However, the court shall use a 
  2.1   rebuttable presumption that joint legal or physical custody is 
  2.2   not in the best interests of the child if domestic abuse, as 
  2.3   defined in section 518B.01, has occurred between the parents. 
  2.4      (c) If the court awards joint legal or physical custody 
  2.5   over the objection of a party, the court shall make detailed 
  2.6   findings on each of the factors in this subdivision and explain 
  2.7   how the factors led to its determination that joint custody 
  2.8   would be in the best interests of the child. 
  2.9      (d) This paragraph applies when a party is opposing joint 
  2.10  legal or physical custody and claims that the parties do not or 
  2.11  cannot cooperate in the raising of the child or do not have 
  2.12  appropriate methods for resolving disputes.  Under those 
  2.13  conditions, notwithstanding paragraph (a), the court shall not 
  2.14  consider the ability of parents to cooperate or the methods for 
  2.15  resolving disputes if there is any evidence that the party 
  2.16  opposing joint custody is engaging in certain trial tactics.  
  2.17  These tactics are (1) failing to cooperate or (2) asserting a 
  2.18  lack of ability to cooperate or a lack of cooperation, or both, 
  2.19  if done to influence the court to find that joint legal or 
  2.20  physical custody is not in the best interests of the child. 
  2.21     Sec. 2.  Minnesota Statutes 1994, section 518.619, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 9.  [MEDIATION.] Every decree of dissolution, legal 
  2.24  separation, or custody in which there is a determination of 
  2.25  custody or visitation, and every postjudgment or postdecree 
  2.26  order or amendment of such a decree, shall order that all issues 
  2.27  concerning custody and visitation that arise are subject to 
  2.28  mandatory mediation.  The decree or order shall appoint a 
  2.29  mediator who shall, upon the written request of either party, 
  2.30  commence mediation proceedings.  The unjustified refusal to 
  2.31  participate or failure to cooperate by a party is admissible 
  2.32  evidence in any motion related to visitation or custody.