as introduced - 88th Legislature (2013 - 2014) Posted on 04/28/2014 01:29pm
A bill for an act
relating to family law; making changes to custody and parenting time provisions;
amending Minnesota Statutes 2012, sections 518.17, subdivision 2; 518.175,
subdivisions 1, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2012, section 518.17, subdivision 2, is amended to read:
new text begin new text end
new text beginnew text endIn 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
deleted text begin (a)deleted text endnew text beginnew text end the ability of parents to cooperate in the rearing of their children;
deleted text begin (b)deleted text endnew text beginnew text end methods for resolving disputes regarding any major decision concerning the
life of the child, and the parents' willingness to use those methods;
deleted text begin (c)deleted text endnew text beginnew text end whether it would be detrimental to the child if one parent were to have sole
authority over the child's upbringing; and
deleted text begin (d)deleted text endnew text beginnew text end whether domestic abuse, as defined in section 518B.01, has occurred between
new text beginnew text endThe 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.new text beginnew text end
deleted text begin If the court awardsdeleted text endnew text beginnew text end jointnew text beginnew text end legal or physical custody deleted text beginover the objection of a partydeleted text end, the court shall make
detailed new text beginnew text endfindings on each of the factors in this subdivision and explain how new text beginnew text endthe factors led to its determination deleted text beginthatdeleted text end new text beginnew text endjoint custody new text beginnew text endwould be in the best interests of the child.
Minnesota Statutes 2012, section 518.175, subdivision 1, is amended to read:
(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 beginnew text end
new text beginnew text endIf the court finds, after a hearing, that parenting time with a parent is likely
to endanger the child's physical or emotional health or 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.
new text beginnew text endA 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.
deleted text begin (b)deleted text endnew text beginnew text end 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.
deleted text begin (c)deleted text endnew text beginnew text end Upon request of either party, to the extent practicable an order for parenting
time must include a specific schedule for parenting time, including the frequency and
duration of visitation and visitation during holidays and vacations, unless parenting time
is restricted, denied, or reserved.
deleted text begin (d)deleted text endnew text beginnew text end 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.
deleted text begin (e)deleted text endnew text beginnew text end In the absence of other evidence, there is a rebuttable presumption that a parent
is entitled to receive at least 25 percent of the parenting time for the child. For 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. The court may consider the age
of the child in determining whether a child is with a parent for a significant period of time.
Minnesota Statutes 2012, section 518.175, subdivision 5, is amended to read:
new text beginnew text endIf
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 beginnew text end
new text beginnew text endExcept 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
new text begin new text end
new text beginnew text endIf 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.