HF 2893

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; providing a presumption in 
  1.3             favor of joint physical custody; amending Minnesota 
  1.4             Statutes 2002, section 518.17, subdivision 2. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 518.17, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 
  1.9   addition to the factors listed in subdivision 1, where either 
  1.10  joint legal or joint physical custody is contemplated or sought, 
  1.11  the court shall consider the following relevant factors:  
  1.12     (a) the ability of parents to cooperate in the rearing of 
  1.13  their children; 
  1.14     (b) methods for resolving disputes regarding any major 
  1.15  decision concerning the life of the child, and the parents' 
  1.16  willingness to use those methods; 
  1.17     (c) whether it would be detrimental to the child if one 
  1.18  parent were to have sole authority over the child's upbringing; 
  1.19  and 
  1.20     (d) whether domestic abuse, as defined in section 518B.01, 
  1.21  has occurred between the parents.  
  1.22     The court shall use a rebuttable presumption that upon 
  1.23  request of either or both parties, joint legal and physical 
  1.24  custody is in the best interests of the child.  However, the 
  1.25  court shall use a rebuttable presumption that joint legal or 
  2.1   physical custody is not in the best interests of the child if 
  2.2   domestic abuse, as defined in section 518B.01, has occurred 
  2.3   between the parents. 
  2.4      If the court awards joint legal or physical custody over 
  2.5   the objection of a party, the court shall make detailed findings 
  2.6   on each of the factors in this subdivision and explain how the 
  2.7   factors led to its determination that joint custody would be in 
  2.8   the best interests of the child.