HF 1637

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 procedures 
  1.3             and standards for allowing a custodial parent to move 
  1.4             a child's residence to another state; amending 
  1.5             Minnesota Statutes 1994, sections 518.175, subdivision 
  1.6             3; and 518.176, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 518.175, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  The custodial parent shall not move the residence 
  1.11  of the child to another state except upon order of the court or 
  1.12  with the consent of the noncustodial parent, when the 
  1.13  noncustodial parent has been given visitation rights by the 
  1.14  decree.  If the purpose of the move is to interfere with 
  1.15  visitation rights given to the noncustodial parent by the 
  1.16  decree, the court shall not permit the child's residence to be 
  1.17  moved to another state. 
  1.18     In deciding a motion by a custodial parent to move the 
  1.19  residence of the child to another state, the court shall apply 
  1.20  paragraphs (a) to (i). 
  1.21     (a) The court shall use the "best interests of the child" 
  1.22  standard in section 518.17, subdivision 1, and shall not use the 
  1.23  "endangerment" standard in section 518.18, paragraph (d), even 
  1.24  if the effect of a grant or denial of the motion would or may be 
  1.25  a change in custody or a modification of a prior custody order. 
  1.26     (b) The party who seeks to move the residence of the child 
  2.1   has the burden to establish by clear and convincing evidence 
  2.2   that there are compelling reasons for the proposed move that are 
  2.3   in the best interests of the child and that those compelling 
  2.4   reasons clearly outweigh the reasons or factors why the move or 
  2.5   residence should not be permitted, including the factors in 
  2.6   section 518.17, subdivision 1, and the negative effects of 
  2.7   separating a child from the noncustodial or other parent. 
  2.8      (c) The custodial parent who seeks to move the residence of 
  2.9   the child shall, prior to and as a condition of a grant of an 
  2.10  evidentiary hearing on the proposed move of residence of the 
  2.11  child, by affidavit, make a prima facie case for the change in 
  2.12  residence of the child. 
  2.13     (d) The court shall not defer to the custodial parent's 
  2.14  decision to move the residence of the child, but shall 
  2.15  independently determine whether the move of the residence is in 
  2.16  the "best interests of the child." 
  2.17     (e) In making its decision, the court shall not consider 
  2.18  the employment, education, personal growth, opportunities, or 
  2.19  other circumstances of the custodial parent's later or new 
  2.20  spouse or other person residing with or who may reside with the 
  2.21  custodial parent, nor how those circumstances may affect that 
  2.22  person, the child, or the custodial spouse. 
  2.23     (f) In making its decision, the court shall not consider 
  2.24  the relationship of the child with the custodial parent's later 
  2.25  or new spouse or other person who resides with or who may reside 
  2.26  with the custodial parent or that later or new spouse's or other 
  2.27  person's children or other relatives or relationships, nor the 
  2.28  minor child's relationship with them. 
  2.29     (g) There shall be no presumption or inference that the 
  2.30  best interests of the child coincide with the interests of the 
  2.31  custodial parent. 
  2.32     (h) If a proposed move of residence of the child will 
  2.33  result in significantly reduced visitation or custodial time, in 
  2.34  frequency, duration, or quality, by the noncustodial or other 
  2.35  parent, the court shall not permit the custodial parent to move 
  2.36  the residence of the child. 
  3.1      (i) In making its determination of whether a custodial 
  3.2   parent may move the residence of the child, the court shall 
  3.3   apply a policy that frequent and continued personal contact and 
  3.4   relationship with both parents is the overriding interest of the 
  3.5   child, that financial or career issues are secondary, and that 
  3.6   as between the parents, if one parent seeks to move the 
  3.7   residence of a child away from the other parent, the parent so 
  3.8   moving should bear any negative consequences. 
  3.9      Sec. 2.  Minnesota Statutes 1994, section 518.176, 
  3.10  subdivision 1, is amended to read: 
  3.11     Subdivision 1.  Except as otherwise agreed by the parties 
  3.12  in writing at the time of the custody order and except for the 
  3.13  authority to move the residence of the child to another state, 
  3.14  the custodian may determine the child's upbringing, including 
  3.15  education, health care, and religious training, unless the court 
  3.16  after hearing, finds, upon motion by the noncustodial parent, 
  3.17  that in the absence of a specific limitation of the custodian's 
  3.18  authority, the child's physical or emotional health is likely to 
  3.19  be endangered or the child's emotional development impaired.