HF 3467

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage dissolution; providing for shared 
  1.3             parenting in residence; establishing a training 
  1.4             program; appropriating money; amending Minnesota 
  1.5             Statutes 1996, sections 518.003, subdivision 3; and 
  1.6             518.17, subdivisions 2 and 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 518.003, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [CUSTODY.] Unless otherwise agreed by the parties:
  1.11     (a) "Legal custody" means the right to determine the 
  1.12  child's upbringing, including education, health care, and 
  1.13  religious training.  
  1.14     (b) "Joint legal custody" means that both parents have 
  1.15  equal rights and responsibilities, including the right to 
  1.16  participate in major decisions determining the child's 
  1.17  upbringing, including education, health care, and religious 
  1.18  training.  
  1.19     (c) "Physical custody and residence" means the routine 
  1.20  daily care and control and the residence of the child.  
  1.21     (d) "Joint physical custody" means that the routine daily 
  1.22  care and control and the residence of the child is structured 
  1.23  between the parties.  
  1.24     (e) "Shared parenting in residence" means a joint physical 
  1.25  custody arrangement by which the minor child of parties to a 
  1.26  dissolution proceeding continues to reside in the family home 
  2.1   during and after the dissolution proceedings, and the parties 
  2.2   alternate living with the minor child in the family home and 
  2.3   living in a separate residence. 
  2.4      (f) Wherever used in this chapter, the term "custodial 
  2.5   parent" or "custodian" means the person who has the physical 
  2.6   custody of the child at any particular time.  If the parents 
  2.7   have joint physical custody under the shared parenting in 
  2.8   residence arrangement, the parent residing in the family home is 
  2.9   the custodial parent. 
  2.10     (f) (g) "Custody determination" means a court decision and 
  2.11  court orders and instructions providing for the custody of a 
  2.12  child, including visitation rights and stipulations for the 
  2.13  shared parenting in residence arrangement when indicated, but 
  2.14  does not include a decision relating to child support or any 
  2.15  other monetary obligation of any person.  
  2.16     (g) (h) "Custody proceeding" includes proceedings in which 
  2.17  a custody determination is one of several issues, such as an 
  2.18  action for dissolution, divorce, or separation, and includes 
  2.19  proceedings involving children who are in need of protection or 
  2.20  services, domestic abuse, and paternity. 
  2.21     Sec. 2.  Minnesota Statutes 1996, section 518.17, 
  2.22  subdivision 2, is amended to read: 
  2.23     Subd. 2.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 
  2.24  addition to the factors listed in subdivision 1, where either 
  2.25  joint legal or joint physical custody is contemplated or sought, 
  2.26  the court shall consider the following relevant factors:  
  2.27     (a) The ability of parents to cooperate in the rearing of 
  2.28  their children; 
  2.29     (b) Methods for resolving disputes regarding any major 
  2.30  decision concerning the life of the child, and the parents' 
  2.31  willingness to use those methods; 
  2.32     (c) Whether it would be detrimental to the child if one 
  2.33  parent were to have sole authority over the child's upbringing; 
  2.34  and 
  2.35     (d) Whether shared parenting in residence is in the minor 
  2.36  child's best interests.  To make this determination, the court 
  3.1   shall consider the following relevant factors: 
  3.2      (1) the willingness of both parents to implement shared 
  3.3   parenting in residence; 
  3.4      (2) the willingness and capacity of each parent to be 
  3.5   solely responsible for maintaining the family home and the daily 
  3.6   routines of the minor child during the time that the parent is 
  3.7   residing in the family home; 
  3.8      (3) the willingness and ability of both parents to provide 
  3.9   a smooth transition for the child when the parents trade 
  3.10  residences; 
  3.11     (4) the capacity of both parents to coordinate the 
  3.12  logistics of moving between the family home and their separate 
  3.13  residences; 
  3.14     (5) the capacity of both parents to financially support and 
  3.15  maintain the family home and their separate residences; and 
  3.16     (6) the willingness and capacity of both parents to reach a 
  3.17  mutual agreement without requiring court intervention to modify 
  3.18  any stipulation under the shared parenting in residence 
  3.19  arrangement including, but not limited to, the schedule for 
  3.20  trading residences, financial obligations, and maintenance needs 
  3.21  of the family residence. 
  3.22     (e) Whether domestic abuse, as defined in section 518B.01, 
  3.23  has occurred between the parents.  
  3.24     The court shall use a rebuttable presumption that upon 
  3.25  request of either or both parties, joint legal custody is in the 
  3.26  best interests of the child.  The court shall use a rebuttable 
  3.27  presumption that upon request of both parties for joint physical 
  3.28  custody, shared parenting in residence is in the best interests 
  3.29  of the child.  However, the court shall use a rebuttable 
  3.30  presumption that joint legal or physical custody is not in the 
  3.31  best interests of the child if domestic abuse, as defined in 
  3.32  section 518B.01, has occurred between the parents. 
  3.33     If the court awards joint legal or joint physical custody, 
  3.34  including shared parenting in residence, over the objection of a 
  3.35  party, the court shall make detailed findings on each of the 
  3.36  factors in this subdivision and explain how the factors led to 
  4.1   its determination that joint custody, including shared parenting 
  4.2   in residence, would be in the best interests of the child. 
  4.3      Sec. 3.  Minnesota Statutes 1996, section 518.17, 
  4.4   subdivision 3, is amended to read: 
  4.5      Subd. 3.  [CUSTODY ORDER.] (a) Upon adjudging the nullity 
  4.6   of a marriage, or in a dissolution or separation proceeding, or 
  4.7   in a child custody proceeding, the court shall make such further 
  4.8   order as it deems just and proper concerning:  
  4.9      (1) the legal custody of the minor children of the parties 
  4.10  which shall be sole or joint; 
  4.11     (2) their physical custody and residence, including shared 
  4.12  parenting in residence if appropriate; and 
  4.13     (3) their support.  In determining custody, the court shall 
  4.14  consider the best interests of each child and shall not prefer 
  4.15  one parent over the other solely on the basis of the sex of the 
  4.16  parent.  
  4.17     (b) The court shall grant the following rights to each of 
  4.18  the parties, unless specific findings are made under section 
  4.19  518.68, subdivision 1.  Each party has the right of access to, 
  4.20  and to receive copies of, school, medical, dental, religious 
  4.21  training, and other important records and information about the 
  4.22  minor children.  Each party has the right of access to 
  4.23  information regarding health or dental insurance available to 
  4.24  the minor children.  Each party shall keep the other party 
  4.25  informed as to the name and address of the school of attendance 
  4.26  of the minor children.  Each party has the right to be informed 
  4.27  by school officials about the children's welfare, educational 
  4.28  progress and status, and to attend school and parent-teacher 
  4.29  conferences.  The school is not required to hold a separate 
  4.30  conference for each party.  In case of an accident or serious 
  4.31  illness of a minor child, each party shall notify the other 
  4.32  party of the accident or illness, and the name of the health 
  4.33  care provider and the place of treatment.  Each party has the 
  4.34  right to reasonable access and telephone contact with the minor 
  4.35  children.  The court may waive any of the rights under this 
  4.36  section if it finds it is necessary to protect the welfare of a 
  5.1   party or child. 
  5.2      (c) When the court orders joint physical custody of a minor 
  5.3   child under the shared parenting in residence arrangement, the 
  5.4   parties' interest in the family home is part of the custody 
  5.5   order, and not a property assignment for as long as the parties 
  5.6   continue to use shared parenting in residence.  When the last 
  5.7   minor child of the parties residing in the family home reaches 
  5.8   18 years of age or the parties terminate shared parenting in 
  5.9   residence, whichever occurs first, the family home must be 
  5.10  sold.  The proceeds from the sale of the family home must be 
  5.11  divided as stipulated in the final decree for dissolution of the 
  5.12  marriage.  As an alternative to selling the family home, either 
  5.13  party may purchase the interest of the other party in the 
  5.14  property. 
  5.15     Sec. 4.  [TRAINING ABOUT SHARED PARENTING IN RESIDENCE.] 
  5.16     Subdivision 1.  [PROGRAM.] A mandatory training program 
  5.17  about shared parenting in residence must be developed and 
  5.18  implemented.  Training about shared parenting in residence must 
  5.19  include, but is not limited to, a description of the components 
  5.20  of shared parenting in residence, the criteria for evaluating 
  5.21  whether shared parenting in residence is in a minor child's best 
  5.22  interests, guidelines for awarding joint physical custody under 
  5.23  shared parenting in residence, guidelines for identifying 
  5.24  potential problems that may confront parties who meet the 
  5.25  criteria for shared parenting in residence, and guidelines for 
  5.26  providing anticipatory guidance and problem solving specific to 
  5.27  the identified issues.  Training must also include informational 
  5.28  brochures, written guidelines for evaluating the parties' 
  5.29  ability to employ shared parenting in residence, and written 
  5.30  guidelines for counseling parties who meet the criteria. 
  5.31     Subd. 2.  [AGENCY ASSIGNED TO IMPLEMENT TRAINING 
  5.32  PROGRAM.] The director of continuing education for state court 
  5.33  personnel shall develop and implement the shared parenting in 
  5.34  residence training program and shall collaborate with other 
  5.35  appropriate public and private agencies to ensure timely 
  5.36  statewide training. 
  6.1      Sec. 5.  [APPLICATION.] 
  6.2      Section 4, subdivision 1, applies to all judges and all 
  6.3   family court services staff.  Training of all active Minnesota 
  6.4   judges and all Minnesota family court services staff must be 
  6.5   completed no later than June 30, 1999. 
  6.6      Sec. 6.  [MANDATORY REPORT TO JUDICIARY COMMITTEE.] 
  6.7      A report about the shared parenting in residence training 
  6.8   program that describes and evaluates the training methods and 
  6.9   provides recommendations for future training and evaluation of 
  6.10  shared parenting in residence must be submitted to the house of 
  6.11  representatives and senate committees on judiciary by January 
  6.12  30, 2000. 
  6.13     Sec 7.  [APPROPRIATION.] 
  6.14     $....... is appropriated from the general fund to the state 
  6.15  court administrator to administer sections 4 and 5, to be 
  6.16  available until June 30, 1999.