HF 808

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 04:30pm

A bill for an act
relating to family law; modifying parenting time provisions; amending Minnesota
Statutes 2022, section 518.175, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 518.175, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) In all proceedings for dissolution or legal separation,
subsequent to the commencement of the proceeding 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 as will enable the child and the parent to maintain
a child to parent relationship that will be in the best interests of the child. The court shall
use a rebuttable presumption that it is in the best interests of the child to protect each
individual parent-child relationship by maximizing the child's time with each parent. The
court, when issuing a parenting time order, may reserve a determination as to the future
establishment or expansion of a parent's parenting time. In that event, the best interest
standard set forth in subdivision 5, paragraph (a), shall be applied to a subsequent motion
to establish or expand parenting time.

(b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger
the child's physical, mental, or emotional health or safety 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.

(c) A 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.

(d) The court may provide that a law enforcement officer or other appropriate person
will accompany a party seeking to enforce or comply with parenting time.

(e) Upon request of either party, to the extent practicable an order for parenting time
must include a specific schedule for regular parenting time, including the frequency and
duration of visitation parenting time and visitation parenting time during holidays and,
vacations, and school breaks, unless parenting time is restricted, denied, or reserved.

(f) The 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.

(g) In the absence of other evidence, Unless otherwise agreed, there is a rebuttable
presumption that a the court shall award each parent is entitled to receive a minimum of 25
50 percent of the parenting time for the child. If it is not practicable to award 50 percent of
the parenting time to each parent, the court shall maximize parenting time for each parent
as close as possible to the 50 percent presumption. 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 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.

(h) In a parenting time order, the court must include findings regarding the ability of
each parent to comply with the awarded parenting time schedule.

(i) if a court deviates from the parenting time presumption under paragraph (g) and the
parties have not otherwise made a parenting time agreement, the court shall make written
findings of fact supported by clear and convincing evidence that the court has deviated from
the parenting time presumption because:

(1) a parent has a mental illness that was diagnosed by a licensed physician or by a
licensed psychologist and the mental illness endangers the safety of the child based on the
opinion of the licensed physician or the licensed psychologist treating the parent;

(2) a parent refuses or fails to complete a chemical dependency evaluation or assessment
ordered by a court, or a parent refuses or fails to complete chemical dependency
recommendations as ordered by a licensed physician or by a licensed drug or alcohol
counselor;

(3) a parent is unable to care for the child 50 percent of the time because of the parent's
inability to modify the parent's schedule to accommodate having a child 50 percent of the
time. An inability to modify a parent's schedule includes but is not limited to work, school,
child care, or medical appointment scheduling conflicts that prevent a parent from
maintaining parenting time with a child to accommodate the presumption under this section.
A parent's provision of safe alternative care for the child when the parent is not available
during the parent's scheduled parenting time is not an inability of a parent to participate in
a parenting time schedule under this paragraph;

(4) a parent's repeated willful failure to comply with parenting time awarded pursuant
to a temporary order;

(5) the distance required to travel between each parent's residence if the distance is so
great that it is impractical for each parent to have 50 percent parenting time;

(6) the child has diagnosed medical or educational special needs that cannot be met if
the court follows the parenting time presumption; or

(7) a finding that the child is currently not safe in a parent's care.

(j) In assessing whether to deviate from the parenting time presumption in paragraph
(g), the court shall consider that a reduction in a parent's parenting time may impair the
parent's ability to parent the child, which may have a negative impact on the child.

(k) If a child does not have a relationship with a parent due to the parent's absence for
one year or more with minimal contact or no contact with the child or if the child is one
year old or younger, the court may order a gradual increase in parenting time. If the court
orders a gradual increase in parenting time, the gradual increase must only be in effect for
a period of one year or less, at which time the order must provide for a parenting time
schedule based on the parenting time presumption in paragraph (g).

(l) The court shall not limit parenting time for a parent based solely on the age of the
child. If the child is five years old or younger at the time that the parenting time schedule
is established and the order does not provide for equal parenting time for each parent, the
order must include a provision for a possible future modification of the parenting time order.

(m) The court shall not consider the gender of a parent or a parent's marital status or
relationship status when making parenting time determinations under this section.

(n) It is not a deviation from the parenting time presumption in paragraph (g) if:

(1) the court awards parenting time of up to 53 percent to one parent and not below 47
percent to the other parent;

(2) the court awards less than 50 percent parenting time to a parent when there is a
finding that domestic abuse has occurred as defined in section 518B.01 between the parents
or between a parent and child; or

(3) the court awards less than 50 percent parenting time to a parent when that parent is
convicted of a qualified domestic violence-related offense as defined in section 609.02,
subdivision 16, when the domestic violence-related offense occurred between the parents
or between a parent and child.

(o) When awarding parenting time, the court shall evaluate whether:

(1) one parent has engaged in unwarranted interference between the child and the other
parent;

(2) one parent has made false allegations of domestic abuse; and

(3) one parent has chronically denied or minimized the parenting time of the other parent
in order to gain advantage in custody matters.