Minnesota Legislature
HF 322
1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 05/03/2012 06:41pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to family law; increasing the parenting time presumption;amending
1.3Minnesota Statutes 2010, sections 518.131, subdivision 7; 518.175, subdivision
1.41.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 518.131, subdivision 7, is amended to read:
1.7 Subd. 7. Guiding factors. The court shall be guided by the factors set forth in
1.8chapter 518A (concerning child support), and sections518.552 (concerning maintenance),
1.9518.17
to
518.175 (concerning custody and parenting time and the presumption of
1.10minimum parenting time), and518.14 (concerning costs and attorney fees) in making
1.11temporary orders and restraining orders.
1.12 Sec. 2. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:
1.13 Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
1.14subsequent to the commencement of the proceeding and continuing thereafter during
1.15the minority of the child, the court shall, upon the request of either parent, grant such
1.16parenting time on behalf of the child and a parent as will enable the child and the parent to
1.17maintain a child to parent relationship that will be in the best interests of the child.
1.18 If the court finds, after a hearing, that parenting time with a parent is likely
1.19to endanger the child's physical or emotional health or impair the child's emotional
1.20development, the court shall restrict parenting time with that parent as to time, place,
1.21duration, or supervision and may deny parenting time entirely, as the circumstances
1.22warrant. The court shall consider the age of the child and the child's relationship with the
1.23parent prior to the commencement of the proceeding.
2.1 A parent's failure to pay support because of the parent's inability to do so shall not be
2.2sufficient cause for denial of parenting time.
2.3 (b) The court may provide that a law enforcement officer or other appropriate person
2.4will accompany a party seeking to enforce or comply with parenting time.
2.5 (c) Upon request of either party, to the extent practicable an order for parenting
2.6time must include a specific schedule for parenting time, including the frequency and
2.7duration of visitation and visitation during holidays and vacations, unless parenting time
2.8is restricted, denied, or reserved.
2.9 (d) The court administrator shall provide a form for a pro se motion regarding
2.10parenting time disputes, which includes provisions for indicating the relief requested, an
2.11affidavit in which the party may state the facts of the dispute, and a brief description of
2.12the parenting time expeditor process under section518.1751 . The form may not include
2.13a request for a change of custody. The court shall provide instructions on serving and
2.14filing the motion.
2.15 (e) In the absence of other evidence, there is a rebuttable presumption that a parent is
2.16entitled to receive at least25 35 percent of the parenting time for the child. For purposes
2.17of this paragraph, the percentage of parenting time may be determined by calculating the
2.18number of overnights that a child spends with a parent or by using a method other than
2.19overnights if the parent has significant time periods on separate days when the child is in
2.20the parent's physical custody but does not stay overnight. The court may consider the age
2.21of the child in determining whether a child is with a parent for a significant period of time.
2.22 Sec. 3. EFFECTIVE DATE; APPLICATION.
2.23 (a) Section 2 is effective July 1, 2013, and applies to orders adopted or modified
2.24on or after that date.
2.25 (b) There must be no modification of an existing parenting time order based on the
2.26amendment to the parenting time presumption under section 2 until July 1, 2014, unless
2.27the child's environment presently endangers the child's physical or emotional health or
2.28impairs the child's emotional development.
1.3Minnesota Statutes 2010, sections 518.131, subdivision 7; 518.175, subdivision
1.41.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 518.131, subdivision 7, is amended to read:
1.7 Subd. 7. Guiding factors. The court shall be guided by the factors set forth in
1.8chapter 518A (concerning child support), and sections
1.10minimum parenting time), and
1.11temporary orders and restraining orders.
1.12 Sec. 2. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:
1.13 Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
1.14subsequent to the commencement of the proceeding and continuing thereafter during
1.15the minority of the child, the court shall, upon the request of either parent, grant such
1.16parenting time on behalf of the child and a parent as will enable the child and the parent to
1.17maintain a child to parent relationship that will be in the best interests of the child.
1.18 If the court finds, after a hearing, that parenting time with a parent is likely
1.19to endanger the child's physical or emotional health or impair the child's emotional
1.20development, the court shall restrict parenting time with that parent as to time, place,
1.21duration, or supervision and may deny parenting time entirely, as the circumstances
1.22warrant. The court shall consider the age of the child and the child's relationship with the
1.23parent prior to the commencement of the proceeding.
2.1 A parent's failure to pay support because of the parent's inability to do so shall not be
2.2sufficient cause for denial of parenting time.
2.3 (b) The court may provide that a law enforcement officer or other appropriate person
2.4will accompany a party seeking to enforce or comply with parenting time.
2.5 (c) Upon request of either party, to the extent practicable an order for parenting
2.6time must include a specific schedule for parenting time, including the frequency and
2.7duration of visitation and visitation during holidays and vacations, unless parenting time
2.8is restricted, denied, or reserved.
2.9 (d) The court administrator shall provide a form for a pro se motion regarding
2.10parenting time disputes, which includes provisions for indicating the relief requested, an
2.11affidavit in which the party may state the facts of the dispute, and a brief description of
2.12the parenting time expeditor process under section
2.13a request for a change of custody. The court shall provide instructions on serving and
2.14filing the motion.
2.15 (e) In the absence of other evidence, there is a rebuttable presumption that a parent is
2.16entitled to receive at least
2.17of this paragraph, the percentage of parenting time may be determined by calculating the
2.18number of overnights that a child spends with a parent or by using a method other than
2.19overnights if the parent has significant time periods on separate days when the child is in
2.20the parent's physical custody but does not stay overnight. The court may consider the age
2.21of the child in determining whether a child is with a parent for a significant period of time.
2.22 Sec. 3. EFFECTIVE DATE; APPLICATION.
2.23 (a) Section 2 is effective July 1, 2013, and applies to orders adopted or modified
2.24on or after that date.
2.25 (b) There must be no modification of an existing parenting time order based on the
2.26amendment to the parenting time presumption under section 2 until July 1, 2014, unless
2.27the child's environment presently endangers the child's physical or emotional health or
2.28impairs the child's emotional development.