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Minnesota Legislature

Office of the Revisor of Statutes

HF 322

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/17/2012 10:30am

KEY: stricken = removed, old language.
underscored = added, new language.
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17.1

A bill for an act
relating to family law; changing certain custody and parenting time provisions;
amending Minnesota Statutes 2010, sections 257.541; 518.003, subdivision 3;
518.091; 518.131, subdivisions 1, 7; 518.155; 518.156; 518.167, subdivision 2;
518.17, subdivisions 1, 3; 518.1705, subdivisions 3, 5, 9; 518.175, subdivision
1; 518.179, subdivision 1; 518.18; proposing coding for new law in Minnesota
Statutes, chapter 518; repealing Minnesota Statutes 2010, section 518.17,
subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 257.541, is amended to read:


257.541 CUSTODY AND PARENTING TIME WITH CHILDREN BORN
OUTSIDE OF MARRIAGE.

Subdivision 1.

Mother's right to custody.

The biological mother of a child born to
a mother who was not married to the child's father when the child was born and was not
married to the child's father when the child was conceived has sole custody of the child
until paternity has been established under sections 257.51 to 257.74, or until custody is
determined in a separate proceeding under section 518.156.

Subd. 2.

Father's right to parenting time and custody.

(a) If paternity has been
acknowledged under section 257.34 and paternity has been established under sections
257.51 to 257.74, the father's rights of parenting time or custody are determined under
sections deleted text begin518.17 anddeleted text end new text begin518.169 to new text end518.175.

(b) If paternity has not been acknowledged under section 257.34 and paternity has
been established under sections 257.51 to 257.74, the biological father may petition for
rights of parenting time or custody in the paternity proceeding or in a separate proceeding
under section 518.156. new text beginThe rights of parenting time or custody must be determined under
sections 518.169 to 518.175.
new text end

Subd. 3.

Father's right to parenting time and custody; recognition of paternity.

If paternity has been recognized under section 257.75, the father may petition for rights of
parenting time or custody in an independent action under section 518.156. The proceeding
must be treated as an initial determination of custody deleted text beginunder section 518.17. Thedeleted text end new text beginand the
new text endprovisions of deleted text beginchapter 518deleted text endnew text begin sections 518.169 to 518.175 new text end apply with respect to the granting
of custody and parenting time. An action to determine custody and parenting time may
be commenced pursuant to chapter 518 without an adjudication of parentage. These
proceedings may not be combined with any proceeding under chapter 518B.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for temporary orders and child
custody determinations made on or after July 1, 2013.
new text end

Sec. 2.

Minnesota Statutes 2010, section 518.003, subdivision 3, is amended to read:


Subd. 3.

Custody.

Unless otherwise agreed by the parties:

(a) "Legal custody" means the right to determine the child's upbringing, including
education, health care, and religious training.

(b) "Joint legal custody" means that both parents have equal rights and
responsibilities, including the right to participate in major decisions determining the
child's upbringing, including education, health care, and religious training.

(c) "Physical custody and residence" means the routine daily care and control and
the residence of the child.

(d) "Joint physical custody" means that the routine daily care and control and the
residence of the child is deleted text beginstructureddeleted text endnew text begin shared new text end between the parties.

(e) Wherever used in this chapter, the term "custodial parent" or "custodian" means
the person who has the physical custody of the child at any particular time.

(f) "Custody determination" means a court decision and court orders and instructions
providing for the custody of a child, including parenting time, but does not include a
decision relating to child support or any other monetary obligation of any person.

(g) "Custody proceeding" includes proceedings in which a custody determination is
one of several issues, such as an action for dissolution, divorce, or separation, and includes
proceedings involving children who are in need of protection or services, domestic abuse,
and paternity.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for temporary orders and child
custody determinations made on or after July 1, 2013.
new text end

Sec. 3.

Minnesota Statutes 2010, section 518.091, is amended to read:


518.091 SUMMONS; TEMPORARY RESTRAINING PROVISIONS;
NOTICE REGARDING PARENT EDUCATION PROGRAM REQUIREMENTSnew text begin;
NOTICE REGARDING CUSTODY AND PARENTING TIME
new text end.

Subdivision 1.

Temporary restraining orders.

(a) Every summons must include
the notice in this subdivision.

NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE

RESOLUTION PROVISIONS

UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION,
UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS
DISMISSED:

(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE
NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR
PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR
RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;

(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND

(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR
BENEFICIARY DESIGNATION.

IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT
TO SANCTIONS BY THE COURT.

(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE
ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION
PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION
INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET
FORTH IN THE DISTRICT COURT RULES. YOU MAY CONTACT THE COURT
ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT
PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME
COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A
NONPROFIT PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF
DOMESTIC ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA
STATUTES, CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION
AND YOU WILL NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.

(b) Upon service of the summons, the restraining provisions contained in the notice
apply by operation of law upon both parties until modified by further order of the court or
dismissal of the proceeding, unless more than one year has passed since the last document
was filed with the court.

Subd. 2.

Parent education program requirements.

Every summons involving
custody or parenting time of a minor child must include the notice in this subdivision.

NOTICE OF PARENT EDUCATION PROGRAM REQUIREMENTS

UNDER MINNESOTA STATUTES, SECTION 518.157, IN A CONTESTED
PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF A MINOR
CHILD, THE PARTIES MUST BEGIN PARTICIPATION IN A PARENT EDUCATION
PROGRAM THAT MEETS MINIMUM STANDARDS PROMULGATED BY THE
MINNESOTA SUPREME COURT WITHIN 30 DAYS AFTER THE FIRST FILING
WITH THE COURT. IN SOME DISTRICTS, PARENTING EDUCATION MAY BE
REQUIRED IN ALL CUSTODY OR PARENTING PROCEEDINGS. YOU MAY
CONTACT THE DISTRICT COURT ADMINISTRATOR FOR ADDITIONAL
INFORMATION REGARDING THIS REQUIREMENT AND THE AVAILABILITY
OF PARENT EDUCATION PROGRAMS.

new text begin Subd. 3. new text end

new text begin Custody and parenting time requirements. new text end

new text begin Every summons must
include the notice in this subdivision.
new text end

new text begin NOTICE OF CUSTODY AND PARENTING TIME
new text end

new text begin PARENTS ARE ENTITLED TO A PRESUMPTION OF JOINT LEGAL
CUSTODY AND JOINT PHYSICAL CUSTODY WITH EQUAL SHARED
PARENTING. THIS MEANS THAT EACH PARENT HAS AT LEAST 45.1 PERCENT
PARENTING TIME, UNLESS THE PARENTS AGREE OTHERWISE. CERTAIN
EXCEPTIONS AND OTHER PROVISIONS APPLY UNDER MINNESOTA
STATUTES, SECTIONS 518.169 TO 518.175.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for summons issued on or after
July 1, 2013.
new text end

Sec. 4.

Minnesota Statutes 2010, section 518.131, subdivision 1, is amended to read:


Subdivision 1.

Permissible orders.

In a proceeding brought for custody, dissolution,
or legal separation, or for disposition of property, maintenance, or child support following
the dissolution of a marriage, either party may, by motion, request from the court and the
court may grant a temporary order pending the final disposition of the proceeding to or for:

(a) Temporary custody and parenting timenew text begin pursuant to sections 518.169 to 518.175,
new text end regarding the minor children of the parties;

(b) Temporary maintenance of either spouse;

(c) Temporary child support for the children of the parties;

(d) Temporary costs and reasonable attorney fees;

(e) Award the temporary use and possession, exclusive or otherwise, of the family
home, furniture, household goods, automobiles, and other property of the parties;

(f) Restrain one or both parties from transferring, encumbering, concealing, or
disposing of property except in the usual course of business or for the necessities of
life, and to account to the court for all such transfers, encumbrances, dispositions, and
expenditures made after the order is served or communicated to the party restrained in
open court;

(g) Restrain one or both parties from harassing, vilifying, mistreating, molesting,
disturbing the peace, or restraining the liberty of the other party or the children of the
parties;

(h) Restrain one or both parties from removing any minor child of the parties from
the jurisdiction of the court;

(i) Exclude a party from the family home of the parties or from the home of the
other party; and

(j) Require one or both of the parties to perform or to not perform such additional
acts as will facilitate the just and speedy disposition of the proceeding, or will protect the
parties or their children from physical or emotional harm.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for temporary orders issued on or
after July 1, 2013.
new text end

Sec. 5.

Minnesota Statutes 2010, section 518.131, subdivision 7, is amended to read:


Subd. 7.

Guiding factors.

The court shall be guided by the factors set forth in
chapter 518A (concerning child support), and sections 518.552 (concerning maintenance),
deleted text begin 518.17deleted text end new text begin518.169 new text endto 518.175 (concerning custody and parenting time), and 518.14
(concerning costs and attorney fees) in making temporary orders and restraining orders.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 6.

Minnesota Statutes 2010, section 518.155, is amended to read:


518.155 CUSTODY DETERMINATIONS.

Notwithstanding any law to the contrary, a court in which a proceeding for
dissolution, legal separation, or child custody has been commenced shall not issue, revise,
modify or amend any order, pursuant to sections 518.131, 518.165, 518.168, new text begin518.169,
new text end518.17
, 518.175 or 518.18, which affects the custody of a minor child or the parenting
time of a parent unless the court has jurisdiction over the matter pursuant to the provisions
of chapter 518D.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 7.

Minnesota Statutes 2010, section 518.156, is amended to read:


518.156 COMMENCEMENT OF CUSTODY PROCEEDING.

Subdivision 1.

Procedure.

In a court of this state deleted text beginwhich hasdeleted text endnew text begin withnew text end jurisdiction to
decide child custody matters, a child custody proceeding is commenced by a parent:

(1) by filing a petition for dissolution or legal separation; or

(2) where a decree of dissolution or legal separation has been entered or where
none is sought, or when paternity has been recognized under section 257.75, by filing a
petition or motion seeking custody or parenting time with the child in the county where
the child is permanently resident deleted text beginordeleted text endnew text begin,new text end where the child is foundnew text begin,new text end or where an earlier order
for custody of the child has been entered.

Subd. 2.

Required notice.

new text begin(a) new text endWritten notice of a child custody or parenting time or
visitation proceeding shall be given to the child's parent, guardian, and custodian, who
may appear and be heard and may file a responsive pleading. The court may, upon a
showing of good cause, permit the intervention of other interested parties.

new text begin (b) Every notice must include the following notice of custody and parenting time
requirements.
new text end

new text begin NOTICE OF CUSTODY AND PARENTING TIME
new text end

new text begin PARENTS ARE ENTITLED TO A PRESUMPTION OF JOINT LEGAL
CUSTODY AND JOINT PHYSICAL CUSTODY WITH EQUAL SHARED
PARENTING. THIS MEANS THAT EACH PARENT HAS AT LEAST 45.1 PERCENT
PARENTING TIME, UNLESS THE PARENTS AGREE OTHERWISE. CERTAIN
EXCEPTIONS AND OTHER PROVISIONS APPLY UNDER MINNESOTA
STATUTES, SECTIONS 518.169 TO 518.175.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all notices issued on or after
July 1, 2013.
new text end

Sec. 8.

Minnesota Statutes 2010, section 518.167, subdivision 2, is amended to read:


Subd. 2.

Preparation.

(a) In preparing a report concerning a child, the investigator
may consult any person who may have information about the child and the potential
custodial arrangements except for persons involved in mediation efforts between the
parties. Mediation personnel may disclose to investigators and evaluators information
collected during mediation only if agreed to in writing by all parties. Upon order of the
court, the investigator may refer the child to professional personnel for diagnosis. The
investigator may consult with and obtain information from medical, psychiatric, school
personnel, or other expert persons who have served the child in the past after obtaining the
consent of the parents or the child's custodian or guardian.

(b) The report submitted by the investigator must consider and evaluate the factors
in section deleted text begin518.17, subdivision 1deleted text endnew text begin 518.169, subdivision 3new text end, and include a detailed analysis
of all information considered for each factordeleted text begin.deleted text endnew text begin, provided that new text end if joint new text beginphysical new text endcustody
is deleted text begincontemplated or soughtdeleted text endnew text begin not requested by either partynew text end, the report must consider and
evaluate the factors in section deleted text begin518.17, subdivision 2,deleted text endnew text begin 518.17, subdivision 1. The report
must
new text end state the position of each party and the investigator's recommendation and the
reason for the recommendation, and reference established means for dispute resolution
between the parties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all investigations ordered on or
after July 1, 2013.
new text end

Sec. 9.

new text begin [518.169] JOINT CUSTODY AND EQUAL SHARED PARENTING.
new text end

new text begin Subdivision 1. new text end

new text begin Public policy. new text end

new text begin (a) Recognizing the importance of protections
afforded children by their ability to develop strong parental bonds, and recognizing the
fundamental right and liberty interest that parents enjoy regarding the care, custody, and
companionship of their children, the legislature finds and declares the following with
respect to the intent of Minnesota laws relating to families:
new text end

new text begin (1) an intact, involved two-parent home provides the optimal environment through
which children grow into productive and responsible adult citizens;
new text end

new text begin (2) parents play the primary role in the nurturing and development of their children.
Our society, state, and statutes are secondary structures designed to support, not supplant,
both parents in their role as the primary shapers of their children;
new text end

new text begin (3) mothers and fathers provide unique and invaluable contributions toward the
development of their children. Each parent's contributions to the upbringing of their
children are indistinguishable and equally necessary to assure children the best opportunity
to develop into healthy citizens;
new text end

new text begin (4) children should be separated from their parents only under the most compelling
and unusual circumstances in order to protect a child from endangerment;
new text end

new text begin (5) it is in the best interests of children to have frequent and continuing physical
contact with both parents under joint legal and joint physical custody when the parents
live separately, including after parental separation or dissolution of marriage. The proper
role of the state is to interfere to the least degree in familial relationships with the specific
purpose of preserving maximum time allocations with each parent and their children;
new text end

new text begin (6) parents may, and should be encouraged to, reach any agreement mutually
acceptable to them regarding their parenting time allocations that reflects the individual
circumstances of the parents and children. In the event parents cannot reach agreement on
a parenting arrangement, it is the specific intent of Minnesota law that parents have a right
to a rebuttable presumption of equal time with their children; and
new text end

new text begin (7) the judiciary in contested custody proceedings should demonstrate consistent
application of the rebuttable presumption in favor of joint legal and joint physical custody
in order to minimize the adversarial nature of custody proceedings.
new text end

new text begin (b) The purpose of this section is to prevent children from being alienated or
disenfranchised from their parents' lives through the unwarranted interference of either
parent.
new text end

new text begin (c) This section establishes clear legislative policy regarding the relationship of
children with each parent when the parents live separately.
new text end

new text begin (d) In accordance with the findings in paragraph (a), the legislature declares that
public policy is advanced and the best interests of children are promoted through equal and
shared parenting and the recognition of both parents' fundamental freedoms to actively
participate in the care, custody, and companionship of their children.
new text end

new text begin Subd. 2. new text end

new text begin Presumption of joint legal and physical custody and shared parenting.
new text end

new text begin This subdivision applies to temporary and final orders in marriage dissolution or parentage
cases. Upon request of either or both parties, the court shall use a rebuttable presumption
that joint legal custody and joint physical custody, with equal shared parenting, is in the
best interests of the child. For purposes of this subdivision, "equal" means a minimum
parenting time for each parent of 45.1 percent. 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
parenting time must be spread throughout one calendar year in a way that best meets
variable circumstances for the parties, unless both parents agree to a different division
of time or schedule.
new text end

new text begin Subd. 3. new text end

new text begin Overcoming presumption. new text end

new text begin If the parents are unable to reach an
agreement on joint legal and joint physical custody and equal shared parenting, the
burden of overcoming the presumption of joint legal custody, joint physical custody, and
equal shared parenting rests on the parent challenging the presumption. To overcome
the presumption, the court must find that the parent challenging the presumption has
established by clear and convincing evidence that:
new text end

new text begin (1) the other parent's actions rise to the level of endangering the child due to any of
the following:
new text end

new text begin (i) abandonment under section 260C.007, subdivision 6, clause (1), 260C.301,
subdivision 2, or 518.1705, subdivision 6, paragraph (b), clause (3);
new text end

new text begin (ii) physical or sexual abuse under section 260C.007, subdivision 6, clause (2);
new text end

new text begin (iii) neglect under section 260C.007, subdivision 6, clause (3) or (8);
new text end

new text begin (iv) allowing the child to live in injurious or dangerous conditions under section
260C.007, subdivision 6, clause (9);
new text end

new text begin (v) egregious harm under section 260C.007, subdivision 14;
new text end

new text begin (vi) emotional maltreatment under section 260C.007, subdivision 15;
new text end

new text begin (vii) great bodily harm under section 609.02, subdivision 7;
new text end

new text begin (viii) conviction of child abuse as defined in section 609.185, clause (b);
new text end

new text begin (ix) child maltreatment under section 626.556, subdivision 2, clauses (c) to (g); or
new text end

new text begin (x) domestic abuse as defined in section 518B.01, except when:
new text end

new text begin (A) a parent has petitioned for an order for protection and the petition has been
dismissed or denied by a court, or an order for protection was filed by agreement of the
parties without a finding of domestic abuse and the agreement and order incorporating the
agreement did not provide otherwise, in which case the court must find that no domestic
abuse has occurred with respect to matters that were alleged or could have been alleged; or
new text end

new text begin (B) a parent knowingly makes false allegations of domestic abuse as defined in
section 518B.01, subdivision 2. Making a false allegation of abuse is sufficient grounds to
challenge the custody and parenting time of the accuser. Allegations raised in the context
of custody proceedings that do not display evidence of a previous pattern of abuse deserve
heightened scrutiny as to their veracity; or
new text end

new text begin (2) the other parent is incapable of self-management or management of personal
affairs and would jeopardize the safety of the children due to current habitual and
excessive use of alcohol, drugs, or other mind-altering substances and the related actions
due to the substance abuse demonstrate endangerment to the well-being of the child.
new text end

new text begin Subd. 4. new text end

new text begin Consideration of geographic limitations. new text end

new text begin This subdivision applies when
the presumption has not been overcome, but due to the parents' different geographic
locations, a 45.1 percent minimum parenting time for each parent would prevent the
parents from keeping the child in one school during a school year. During the pendency of
the custody proceeding, the child shall remain in the same school district which the child
currently attends or most recently attended, unless the parents agree otherwise, or except
in cases under section 518B.01 where the parent or child involved in the proceeding is
endangered. If the parents do not agree otherwise, the court shall determine which parent
has the majority of parenting time using the best interests of the child factors under section
518.17, subdivision 1, provided that a minimum of 25 percent parenting time must be
granted to the other parent, making every attempt to exceed this amount and maximize
the parental involvement of each parent.
new text end

new text begin Subd. 5. new text end

new text begin Findings and order. new text end

new text begin (a) If the court finds the presumption has been
overcome, the court shall make detailed written findings that enumerate and explain
which of the factors in this subdivision are applicable and what evidence supported these
factors. The court shall restrict physical custody and parenting time with the other parent
as to time, place, duration, or supervision and may deny parenting time entirely, as the
circumstances warrant.
new text end

new text begin (b) If the court finds the presumption was not overcome, the court shall issue a
custody order or parenting plan with a minimum 45.1 percent parenting time for each
parent, or a different division of time agreed to by the parents, or as provided under
subdivision 4, if applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for temporary orders and child
custody determinations made on or after July 1, 2013.
new text end

Sec. 10.

Minnesota Statutes 2010, section 518.17, subdivision 1, is amended to read:


Subdivision 1.

The best interests of the child.

(a)new text begin Subject to section 518.169, new text end "the
best interests of the child" means all relevant factors to be considered and evaluated by
the court including:

(1) the wishes of the child's parent or parents as to custody;

(2) the reasonable preference of the child, if the court deems the child to be of
sufficient age to express preference;

(3) the child's primary caretaker;

(4) the intimacy of the relationship between each parent and the child;

(5) the interaction and interrelationship of the child with a parent or parents, siblings,
and any other person who may significantly affect the child's best interests;

(6) the child's adjustment to home, school, and community;

(7) the length of time the child has lived in a stable, satisfactory environment and
the desirability of maintaining continuity;

(8) the permanence, as a family unit, of the existing or proposed custodial home;

(9) the mental and physical health of all individuals involved; except that a
disability, as defined in section 363A.03, of a proposed custodian or the child shall not be
determinative of the custody of the child, unless the proposed custodial arrangement is not
in the best interest of the child;

(10) the capacity and disposition of the parties to give the child love, affection,
and guidance, and to continue educating and raising the child in the child's culture and
religion or creed, if any;

(11) the child's cultural background;

(12) the effect on the child of the actions of an abuser, if related to domestic abuse,
as defined in section 518B.01, that has occurred between the parents or between a parent
and another individual, whether or not the individual alleged to have committed domestic
abuse is or ever was a family or household member of the parent; and

(13) except in cases in which a finding of domestic abuse as defined in section
518B.01 has been made, the disposition of each parent to encourage and permit frequent
and continuing contact by the other parent with the child.

The court may not use one factor to the exclusion of all others. The primary
caretaker factor may not be used as a presumption in determining the best interests of the
child. The court must make detailed findings on each of the factors and explain how the
factors led to its conclusions and to the determination of the best interests of the child.

(b) The court shall not consider conduct of a proposed custodian that does not affect
the custodian's relationship to the child.

Sec. 11.

Minnesota Statutes 2010, section 518.17, subdivision 3, is amended to read:


Subd. 3.

Custody order.

(a) new text beginSubject to section 518.169, new text endupon adjudging the
nullity of a marriage, or in a dissolution or separation proceeding, or in a child custody
proceeding, the court shall make such further order as it deems just and proper concerning:

(1) the legal custody of the minor children of the parties which shall be sole or joint;

(2) their physical custody and residence; and

(3) their support. In determining custody, the court shall deleted text beginconsiderdeleted text end new text beginuse section
518.169 or, if section 518.169 is not applicable, use
new text endthe best interests of deleted text begineachdeleted text end new text beginthe new text endchild
new text begin factors under subdivision 1 new text endand shall not prefer one parent over the other solely on the
basis of the sex of the parent.new text begin If neither party requests joint legal and joint physical custody
under section 518.169 but either or both parties request joint legal custody, the court shall
use a rebuttable presumption that joint legal custody is in the best interests of the child.
new text end

(b) The court shall grant the following rights to each of the parties, unless specific
findings are made under section 518.68, subdivision 1. Each party has the right of access
to, and to receive copies of, school, medical, dental, religious training, and other important
records and information about the minor children. Each party has the right of access to
information regarding health or dental insurance available to the minor children. Each
party shall keep the other party informed as to the name and address of the school of
attendance of the minor children. Each party has the right to be informed by school
officials about the children's welfare, educational progress and status, and to attend school
and parent-teacher conferences. The school is not required to hold a separate conference
for each party. In case of an accident or serious illness of a minor child, each party shall
notify the other party of the accident or illness, and the name of the health care provider
and the place of treatment. Each party has the right to reasonable access and telephone
contact with the minor children. The court may waive any of the rights under this section
if it finds it is necessary to protect the welfare of a party or child.

Sec. 12.

Minnesota Statutes 2010, section 518.1705, subdivision 3, is amended to read:


Subd. 3.

Creating parenting plan; restrictions on creation; alternative.

(a) Upon
the request of both parents, a parenting plan must be created in lieu of an order for child
custody and parenting time unless the court makes detailed findings that the proposed
plan is not in the best interests of the child.

(b) If both parents do not agree to a parenting plan, the court may create one on its
own motion, except that the court must not do so if it finds that a parent has committed
domestic abuse against a parent or child who is a party to, or subject of, the matter
before the court. If the court creates a parenting plan on its own motion, it must not use
alternative terminology unless the terminology is agreed to by the parties.

(c) If an existing order does not contain a parenting plan, the parents must not be
required to create a parenting plan as part of a modification order under section 518A.39.

(d) A parenting plan must not be required during an action under section 256.87.

(e) If the parents do not agree to a parenting plan and the court does not create one
on its own motion, orders for custody and parenting time must be entered under sections
deleted text begin 518.17 anddeleted text endnew text begin 518.169 to new text end 518.175 or section 257.541, as applicable.

Sec. 13.

Minnesota Statutes 2010, section 518.1705, subdivision 5, is amended to read:


Subd. 5.

Role of court.

If both parents agree to the use of a parenting plan but are
unable to agree on all terms, the court may create a parenting plan under this section. If
the court is considering a parenting plan, it may require each parent to submit a proposed
parenting plan at any time before entry of the final judgment and decree. If parents seek
the court's assistance in deciding the schedule for each parent's time with the child or
designation of decision-making responsibilities regarding the child, the court may order an
evaluation and should consider the appointment of a guardian ad litem. Parenting plans,
whether entered on the court's own motion, following a contested hearing, or reviewed by
the court pursuant to a stipulation, must be based on deleted text beginthe best interests factors indeleted text end sectionnew text begin
518.169,
new text end 518.17new text begin,new text end or 257.025, as applicable.

Sec. 14.

Minnesota Statutes 2010, section 518.1705, subdivision 9, is amended to read:


Subd. 9.

Modification of parenting plans.

(a) Parents may modify the schedule
of the time each parent spends with the child or the decision-making provisions of a
parenting plan by agreement. To be enforceable, modifications must be confirmed by court
order. A motion to modify decision-making provisions or the time each parent spends
with the child may be made only within the time limits provided by section 518.18.

(b) The parties may agree, but the court must not require them, to apply the best
interests standard in section 518.17 or 257.025, as applicablenew text begin, or another standardnew text end, for
deciding a motion for modification that would change the child's primary residencenew text begin or the
physical custodial arrangement for the child
new text end, provided that:

(1) both parties were represented by counsel when the parenting plan was approved;
or

(2) the court found the parties were fully informed, the agreement was voluntary,
and the parties were aware of its implications.

(c) If the parties do not agree to apply the best interests standardnew text begin or another standardnew text end,
section 518.18, paragraph (d), applies.

Sec. 15.

Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) deleted text beginIn all proceedings for dissolution or legal separation,deleted text end
new text begin Subject to section 518.169, new text endsubsequent to the commencement of deleted text beginthedeleted text end new text begina custody new text endproceeding
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 new text beginwho does not
have temporary or permanent sole or joint physical custody of the child
new text endas 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 begin (b) new 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 begin (c) new 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 end new text begin(d) new text endThe 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 end new text begin(e) new text endUpon 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 end new text begin(f) new text endThe 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) 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
deleted text end deleted text begin 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.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for child custody determinations
made on or after July 1, 2013.
new text end

Sec. 16.

Minnesota Statutes 2010, section 518.179, subdivision 1, is amended to read:


Subdivision 1.

Seeking custody or parenting time.

Notwithstanding any contrary
provision in sectionnew text begin 518.169,new text end 518.17new text begin,new text end or 518.175, if a person seeking child custody
or parenting time has been convicted of a crime described in subdivision 2, the person
seeking custody or parenting time has the burden to prove that custody or parenting time
by that person is in the best interests of the child if:

(1) the conviction occurred within the preceding five years;

(2) the person is currently incarcerated, on probation, or under supervised release
for the offense; or

(3) the victim of the crime was a family or household member as defined in section
518B.01, subdivision 2.

If this section applies, the court may not grant custody or parenting time to the
person unless it finds that the custody or parenting time is in the best interests of the
child. If the victim of the crime was a family or household member, the standard of
proof is clear and convincing evidence. A guardian ad litem must be appointed in any
case where this section applies.

Sec. 17.

Minnesota Statutes 2010, section 518.18, is amended to read:


518.18 MODIFICATION OF ORDER.

(a) Unless agreed to in writing by the parties, no motion to modify a custody order
or parenting plan may be made earlier than one year after the date of the entry of a decree
of dissolution or legal separation containing a provision dealing with custody, except in
accordance with paragraph (c).

(b) If a motion for modification has been heard, whether or not it was granted, unless
agreed to in writing by the parties no subsequent motion may be filed within two years
after disposition of the prior motion on its merits, except in accordance with paragraph (c).

(c) The time limitations prescribed in paragraphs (a) and (b) shall not prohibit a
motion to modify a custody order or parenting plan if the court finds that there is persistent
and willful denial or interference with parenting time, or has reason to believe that the
child's present environment may endanger the child's physical or emotional health or
impair the child's emotional development.

(d) If the court has jurisdiction to determine child custody matters, the court shall
not modify a prior custody order or a parenting plan provision which specifies the child's
primary residence new text beginor the physical custodial arrangement for the child new text endunless it finds, upon
the basis of facts, including unwarranted denial of, or interference with, a duly established
parenting time schedule, that have arisen since the prior order or that were unknown to
the court at the time of the prior order, that a change has occurred in the circumstances of
the child or the parties and that the modification is necessary to serve the best interests
of the childnew text begin, consistent with sections 518.169 to 518.175new text end. In applying these standardsnew text begin,new text end
the court shall retain the custody arrangement or the parenting plan provision specifying
the child's primary residence new text beginor the physical custodial arrangement for the child new text endthat
was established by the prior order unless:

(i) the court finds that a change in the custody arrangement or primary residence is deleted text beginin
the best interests of the child and the parties
deleted text end new text beginconsistent with a standard new text endpreviously agreednew text begin
to by the parties
new text end, in a writing approved by a courtdeleted text begin, to apply the best interests standard in
section 518.17 or 257.025, as applicable
deleted text end; and, with respect to agreements approved by
a court on or after April 28, 2000, both parties were represented by counsel when the
agreement was approved or the court found the parties were fully informed, the agreement
was voluntary, and the parties were aware of its implications;

(ii) both parties agree to the modification;

(iii) the child has been integrated into the family of the petitioner with the consent
of the other party;

(iv) the child's present environment endangers the child's physical or emotional
health or impairs the child's emotional development and the harm likely to be caused by a
change of environment is outweighed by the advantage of a change to the child; or

(v) the court has denied a request of deleted text beginthe primary custodialdeleted text end new text begina new text endparent new text beginwith sole or joint
physical custody of the child
new text endto move the residence of the child to another state, and the
deleted text begin primary custodialdeleted text end parent has relocated to another state despite the court's order.

In addition, a court may modify a custody order or parenting plan under section
631.52.

(e) In deciding whether to modify a prior joint custody order, the court shall apply
the standards set forth in paragraph (d) unless: (1) the parties agree in writing to the
application of a different standard, or (2) the party seeking the modification is asking the
court for permission to move the residence of the child to another state.

(f) If a parent has been granted sole physical custody of a minor and the child
subsequently lives with the other parent, and temporary sole physical custody has been
approved by the court or by a court-appointed referee, the court may suspend the obligor's
child support obligation pending the final custody determination. The court's order
denying the suspension of child support must include a written explanation of the reasons
why continuation of the child support obligation would be in the best interests of the child.

new text begin (g) There must be no modification of an existing custody order based on the joint
physical custody provisions of section 518.169 until July 1, 2014, unless the child's
environment presently endangers the child's physical or emotional health or impairs the
child's emotional development.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 18. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the headnote for Minnesota Statutes, section
518.175, to read "OTHER PARENTING TIME PROVISIONS."
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 518.17, subdivision 2, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end