HF 2476

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

  1.1                          A bill for an act 
  1.2             relating to family law; clarifying best interest 
  1.3             factors and altering certain standards for child 
  1.4             custody modification following certain moves by the 
  1.5             custodial parent or when the child's environment 
  1.6             endangers the child; amending Minnesota Statutes 1995 
  1.7             Supplement, section 518.18.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.10  518.18, is amended to read: 
  1.11     518.18 [MODIFICATION OF ORDER.] 
  1.12     (a) Unless agreed to in writing by the parties, no motion 
  1.13  to modify a custody order may be made earlier than one year 
  1.14  after the date of the entry of a decree of dissolution or legal 
  1.15  separation containing a provision dealing with custody, except 
  1.16  in accordance with paragraph (c). 
  1.17     (b) If a motion for modification has been heard, whether or 
  1.18  not it was granted, unless agreed to in writing by the parties 
  1.19  no subsequent motion may be filed within two years after 
  1.20  disposition of the prior motion on its merits, except in 
  1.21  accordance with paragraph (c). 
  1.22     (c) The time limitations prescribed in paragraphs (a) and 
  1.23  (b) shall not prohibit a motion to modify a custody order if:  
  1.24     (1) the court finds that there is persistent and willful 
  1.25  denial or interference with visitation, or has reason to believe 
  1.26  that the child's present environment may endanger the child's 
  2.1   physical or emotional health or impair the child's emotional 
  2.2   development; or 
  2.3      (2) the custodial parent has moved the child's residence a 
  2.4   distance that disrupts the other parent's opportunity to 
  2.5   exercise rights of visitation or joint custody. 
  2.6      (d) If the court has jurisdiction to determine child 
  2.7   custody matters, the court shall not modify a prior custody 
  2.8   order unless it finds, upon the basis of facts, including 
  2.9   unwarranted denial of, or interference with, a duly established 
  2.10  visitation schedule, that have arisen since the prior order or 
  2.11  that were unknown to the court at the time of the prior order, 
  2.12  that a change has occurred in the circumstances of the child or 
  2.13  the parties and that the modification is necessary to serve the 
  2.14  best interests of the child.  In evaluating the best interests 
  2.15  of the child, the court shall consider the factors in section 
  2.16  518.17, subdivision 1, including the reasonable preference of 
  2.17  the child, if the court considers the child to be of sufficient 
  2.18  age to express a preference.  In applying these the standards in 
  2.19  this paragraph, the court shall retain the custody arrangement 
  2.20  established by the prior order unless: 
  2.21     (i) (1) both parties agree to the modification; 
  2.22     (ii) (2) the child has been integrated into the family of 
  2.23  the petitioner with the consent of the other party; or 
  2.24     (iii) (3) the child's present environment endangers is 
  2.25  detrimental to the child's physical or emotional health or 
  2.26  impairs the child's emotional development and the harm likely to 
  2.27  be caused by a change of environment is outweighed by the 
  2.28  advantage of a change likely to be beneficial to the child.  
  2.29     In addition, a court may modify a custody order under 
  2.30  section 631.52.  
  2.31     (e) In deciding whether to modify a prior joint custody 
  2.32  order, the court shall apply the standards set forth in 
  2.33  paragraph (d) unless:  
  2.34     (1) the parties agree in writing to the application of a 
  2.35  different standard,; or 
  2.36     (2) the party seeking the modification is asking the court 
  3.1   for permission to move the residence of the child to another 
  3.2   state. 
  3.3      (f) If a custodial parent has been granted sole physical 
  3.4   custody of a minor and the child subsequently lives with the 
  3.5   noncustodial parent, and temporary sole physical custody has 
  3.6   been approved by the court or by a court-appointed referee, the 
  3.7   court may suspend the noncustodial parent's child support 
  3.8   obligation pending the final custody determination.  The court's 
  3.9   order denying the suspension of child support must include a 
  3.10  written explanation of the reasons why continuation of the child 
  3.11  support obligation would be in the best interests of the child.