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HF 1582

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/06/2021 12:56pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/25/2021

Current Version - as introduced

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A bill for an act
relating to family law; modifying parenting time provisions; amending Minnesota
Statutes 2020, section 518.175, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 518.175, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) In all proceedings for dissolution or legal separation,
subsequent to the commencement of the proceeding and continuing thereafter during the
minority of the child, the court shall, upon the request of either parent, grant such parenting
time on behalf of the child and a parent as will enable the child and the parent to maintain
a child to parent relationship that will be in the best interests of the child. new text beginThe court shall
use a rebuttable presumption that it is in the best interests of the child to protect each
individual parent-child relationship by maximizing the child's time with each parent.
new text endThe
court, when issuing a parenting time order, may reserve a determination as to the future
establishment or expansion of a parent's parenting time. In that event, the best interest
standard set forth in subdivision 5, paragraph (a), shall be applied to a subsequent motion
to establish or expand parenting time.

(b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger
the child's physicalnew text begin, mental,new text end or emotional health new text beginor safety new text endor impair the child's emotional
development, the court shall restrict parenting time with that parent as to time, place, duration,
or supervision and may deny parenting time entirely, as the circumstances warrant. The
court shall consider the age of the child and the child's relationship with the parent prior to
the commencement of the proceeding.

(c) A parent's failure to pay support because of the parent's inability to do so shall not
be sufficient cause for denial of parenting time.

(d) The court may provide that a law enforcement officer or other appropriate person
will accompany a party seeking to enforce or comply with parenting time.

(e) Upon request of either party, to the extent practicable an order for parenting time
must include a specific schedule for new text beginregular new text endparenting time, including the frequency and
duration of deleted text beginvisitationdeleted text endnew text begin parenting timenew text end and deleted text beginvisitationdeleted text endnew text begin parenting timenew text end during holidays deleted text beginanddeleted text endnew text begin,new text end
vacations, new text beginand school breaks, new text endunless parenting time is restricted, denied, or reserved.

(f) The court administrator shall provide a form for a pro se motion regarding parenting
time disputes, which includes provisions for indicating the relief requested, an affidavit in
which the party may state the facts of the dispute, and a brief description of the parenting
time expeditor process under section 518.1751. The form may not include a request for a
change of custody. The court shall provide instructions on serving and filing the motion.

(g) deleted text beginIn the absence of other evidence,deleted text end new text beginUnless otherwise agreed,new text end there is a rebuttable
presumption that deleted text beginadeleted text endnew text begin the court shall award eachnew text end parent deleted text beginis entitled to receive a minimum of 25deleted text endnew text begin
50
new text end percent of the parenting time for the child. new text beginIf it is not practicable to award 50 percent of
the parenting time to each parent, the court shall maximize parenting time for each parent
as close as possible to the 50 percent presumption.
new text endFor purposes of this paragraph, the
percentage of parenting time may be determined by calculating the number of overnights
that a child spends with a parent or by using a method other than overnights if the parent
has significant time periods on separate days when the child is in the parent's physical
custody but does not stay overnight. deleted text beginThe court may consider the age of the child in
determining whether a child is with a parent for a significant period of time.
deleted text end

new text begin (h) In a parenting time order, the court must include findings regarding:
new text end

new text begin (1) the ability of each parent to comply with the awarded parenting time schedule; and
new text end

new text begin (2) if a court deviates from the parenting time presumption under paragraph (g) and the
parties have not otherwise made a parenting time agreement, the court shall make written
findings of fact supported by clear and convincing evidence that the deviation results from
one or more of the following circumstances:
new text end

new text begin (i) a parent has a mental illness that was diagnosed by a licensed physician or by a
licensed psychologist, and the mental illness endangers the safety of the child based on the
opinion of the licensed physician or the licensed psychologist treating the parent;
new text end

new text begin (ii) a parent refuses or fails to complete a chemical dependency evaluation or assessment
ordered by a court, or a parent refuses or fails to complete chemical dependency
recommendations as ordered by a licensed physician or by a licensed drug or alcohol
counselor;
new text end

new text begin (iii) a parent is unable to care for the child 50 percent of the time because of the parent's
inability to modify the parent's schedule to accommodate having a child 50 percent of the
time. An inability to modify a parent's schedule includes but is not limited to work, school,
child care, or medical appointment scheduling conflicts that prevent a parent from
maintaining parenting time with a child to accommodate the presumption under this section.
A parent's provision of safe alternative care for the child when the parent is not available
during the parent's scheduled parenting time is not an inability of a parent to participate in
a parenting time schedule under this paragraph;
new text end

new text begin (iv) a parent's repeated willful failure to comply with parenting time awarded pursuant
to a temporary order;
new text end

new text begin (v) the distance required to travel between each parent's residence is so great that it
makes the parenting time presumption impractical to meet;
new text end

new text begin (vi) the child has a diagnosed medical or educational special need that cannot be
accommodated by the parenting time presumption; or
new text end

new text begin (vii) a child protection finding that the child is currently not safe in a parent's care.
new text end

new text begin (i) In assessing whether to deviate from the parenting time presumption in paragraph
(g), the court shall consider that a reduction in a parent's parenting time may impair the
parent's ability to parent the child, which may have a negative impact on the child.
new text end

new text begin (j) If a child does not have a relationship with a parent due to the parent's absence for
one year or more with minimal or no contact with the child, or if the child is one year old
or younger, the court may order a gradual increase in parenting time. If the court orders a
gradual increase in parenting time, the gradual increase shall only be in effect for a period
of one year or less, at which time the order shall provide for a parenting time schedule based
on the parenting time presumption in paragraph (g).
new text end

new text begin (k) The court shall not limit parenting time for a parent based solely on the age of the
child. If the child is five years old or younger at the time that the parenting time schedule
is established and the order does not provide for equal parenting time, the order must include
a provision for a possible future modification of the parenting time order.
new text end

new text begin (l) The court shall not consider the gender of a parent or a parent's marital or relationship
status when making parenting time determinations under this section.
new text end

new text begin (m) An award of parenting time of up to 53 percent for one parent and not below 47
percent for the other parent or a finding that domestic abuse has occurred, as defined in
section 518B.01, subdivision 2, or a qualified domestic violence-related offense, as defined
in section 609.02, subdivision 16, between the parents or between a parent and the child
does not constitute a deviation from the parenting time presumption in paragraph (g).
new text end

new text begin (n) When awarding parenting time, the court shall evaluate whether:
new text end

new text begin (1) one parent has engaged in unwarranted interference between the child and the other
parent;
new text end

new text begin (2) one parent has made false allegations of domestic abuse; and
new text end

new text begin (3) one parent has chronically denied or minimized parenting time of the other parent
in order to gain advantage in custody matters.
new text end