Minnesota Legislature
HF 3295
1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/14/2018 10:49am
Current Version - 1st Engrossment
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A bill for an act
relating to family law; allowing joint petitions for custody and parenting time to
be filed in legal separations and by unmarried parents; amending Minnesota Statutes
2016, section 518.156.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 518.156, is amended to read:
518.156 COMMENCEMENT OF CUSTODY PROCEEDING.
Subdivision 1.
Procedure.
In a court of this state which has jurisdiction to decide child
custody matters, a child custody proceeding is commenced by deleted text begin a parentdeleted text end new text begin one or both parentsnew text end :
(1) by filing a petitionnew text begin or a joint petitionnew text end for dissolution or new text begin a petition or a joint petition
for new text end legal separationnew text begin in the county where either spouse resides pursuant to section 518.09new text end ;
deleted text begin or
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(2) new text begin where paternity has been recognized under section 257.75, by filing a petition, or if
the parties agree on all issues related to custody, parenting time, and child support, by filing
a joint petition, agreement, and proposed order establishing custody, parenting time, and
child support, in the county where the child is permanently a resident or where the child is
found or where an earlier order for custody of the child has been entered; or
new text end
new text begin (3) new text end where a decree of dissolution or legal separation has been entered or deleted text begin where none is
sought, or when paternity has been recognized under section 257.75deleted text end new text begin paternity has been
adjudicated under section 257.66new text end , by filing a deleted text begin petition ordeleted text end motion seeking custody or parenting
time with the child in the county where the child is permanently resident or where the child
is found or where an earlier order for custody of the child has been entered.
Subd. 2.
Required notice.
Written 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 Subd. 3. new text end
new text begin Summons; joint petition. new text end
new text begin
No summons shall be required if a joint petition is
filed and no summons is needed where a decree of dissolution or legal separation has been
entered or paternity has been adjudicated under section 257.66.
new text end
new text begin Subd. 4. new text end
new text begin Social Security numbers; financial documents. new text end
new text begin
(a) In a proceeding where
child support will be addressed, the petition, joint petition, or motion under subdivision 1
must be accompanied by a separate document that contains the Social Security number of
each party and child. The Social Security number document must be maintained in a portion
of the court file or records that are not accessible to the general public.
new text end
new text begin
(b) In a proceeding where child support will be addressed, the petition, joint petition, or
motion under subdivision 1 must be accompanied by separate documentation providing
evidence of income for each party in accordance with section 518A.28. The income
information shall be maintained in a portion of the court file or records that are not accessible
to the general public.
new text end
new text begin Subd. 5. new text end
new text begin Requirements; joint petition; recognition of parentage. new text end
new text begin
(a) Where paternity
has been recognized under section 257.75, no other alleged or presumed father exists, and
the parties agree to all issues regarding custody, parenting time, and child support, the parties
may proceed using a joint petition, agreement, and proposed order. A copy of the properly
executed recognition of parentage form that was filed with the state registrar of vital records
shall be attached to the joint petition. Chapter 518A applies to a proposed child support
order in a joint petition. Parties filing a joint petition may incorporate a parenting plan
subject to the requirements of section 518.1705.
new text end
new text begin
(b) The joint petition shall state and allege:
new text end
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(1) the name and address of each petitioner and any prior or other name used by each
petitioner;
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(2) that a petitioner has or both of the petitioners have:
new text end
new text begin
(i) resided in this state for not less than 180 days immediately preceding the
commencement of the proceeding;
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new text begin
(ii) been a member of the armed services and stationed in this state for not less than 180
days immediately preceding the commencement of the proceeding; or
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(iii) been a domiciliary of this state for not less than 180 days immediately preceding
the commencement of the proceeding;
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(3) the name at the time of the joint petition and any prior or other name, age, and date
of birth of each living minor or dependent child of the parties for whom paternity has been
recognized under section 257.75;
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new text begin
(4) that the parties properly executed a recognition of parentage under section 257.75,
which was properly filed with the state registrar of vital records, and no other alleged or
presumed father exists;
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new text begin
(5) whether or not a separate proceeding for custody, parenting time, or child support
is pending in a court in this state or elsewhere or whether a separate order for custody,
parenting time, or child support exists and, if section 518A.44 applies, the public authority
is in agreement with the child support petition;
new text end
new text begin
(6) any temporary or permanent child support, child custody, parenting time, attorney
fees, costs, and disbursements applied for without setting forth the amounts;
new text end
new text begin
(7) whether an order for protection under chapter 518B or a similar law of another state
that governs the parties or a party and a minor child of the parties is in effect and, if so, the
district court or similar jurisdiction in which it was entered;
new text end
new text begin
(8) the employer of each party and income from all sources for each party and whether
either of the parties or child receives public assistance as defined in section 256.741 or
Supplemental Security Income;
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new text begin
(9) whether the child has medical and dental health insurance coverage, the cost of the
insurance, and which party pays for the insurance;
new text end
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(10) whether there are child care expenses for the child, the cost of the expenses, and
which party pays the expenses;
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(11) whether either party pays child support for a nonjoint child in accordance with a
court order and the amount of the support;
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(12) whether either party is legally responsible for a nonjoint child as provided in section
518A.33;
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(13) whether either party pays or receives spousal maintenance to or from another party,
and the amount of the spousal maintenance; and
new text end
new text begin
(14) whether Social Security or veterans' benefit payments are received on behalf of the
child, the amount of the benefit, and which parent receives the benefit on behalf of the child.
new text end
new text begin
The joint petition shall be verified by each party, and the petition's allegations established
by competent evidence.
new text end
new text begin
(c) The agreement must reflect an agreement on all issues of custody, parenting time,
and child support, including the reasons for any deviation from the child support guidelines,
and be signed by each petitioner and the public authority if section 518A.44 applies. The
agreement must include a waiver to the statutory right to counsel on the issue of parentage
if it applies and, if either of the parties are not represented by counsel, a waiver to the rights
to genetic testing or a jury trial to determine parentage, if applicable. After issuance of the
order, the issue of parentage may only be reopened by the parties in accordance with section
518.145, subdivision 2.
new text end
new text begin Subd. 6. new text end
new text begin Approval. new text end
new text begin
If the joint petition, agreement, and proposed order meet the
requirements of this section, filing, review, and approval by the court is determined by the
provisions of section 518.13, subdivision 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2018, and applies to cases
commenced on or after that date.
new text end