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SF 2473

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to family law; child custody; altering the 
  1.3             standards for modifying sole physical custody of a 
  1.4             child; amending Minnesota Statutes 1998, sections 
  1.5             518.175, subdivision 3; and 518.18. 
  1.7      Section 1.  Minnesota Statutes 1998, section 518.175, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  The custodial parent shall not move the residence 
  1.10  of the child to another state except upon order of the court or 
  1.11  with the consent of the noncustodial parent, when the 
  1.12  noncustodial parent has been given visitation rights by the 
  1.13  decree.  In issuing an order under this subdivision, a court 
  1.14  shall apply any standard agreed upon by the parties in a writing 
  1.15  that was approved by a court, except that if the purpose of the 
  1.16  move is to interfere with visitation rights given to the 
  1.17  noncustodial parent by the decree, the court shall not permit 
  1.18  the child's residence to be moved to another state. 
  1.19     Sec. 2.  Minnesota Statutes 1998, section 518.18, is 
  1.20  amended to read: 
  1.21     518.18 [MODIFICATION OF ORDER.] 
  1.22     (a) Unless agreed to in writing by the parties, no motion 
  1.23  to modify a custody order may be made earlier than one year 
  1.24  after the date of the entry of a decree of dissolution or legal 
  1.25  separation containing a provision dealing with custody, except 
  2.1   in accordance with paragraph (c). 
  2.2      (b) If a motion for modification has been heard, whether or 
  2.3   not it was granted, unless agreed to in writing by the parties 
  2.4   no subsequent motion may be filed within two years after 
  2.5   disposition of the prior motion on its merits, except in 
  2.6   accordance with paragraph (c). 
  2.7      (c) The time limitations prescribed in paragraphs (a) and 
  2.8   (b) shall not prohibit a motion to modify a custody order if the 
  2.9   court finds that there is persistent and willful denial or 
  2.10  interference with visitation, or has reason to believe that the 
  2.11  child's present environment may endanger the child's physical or 
  2.12  emotional health or impair the child's emotional development. 
  2.13     (d) If the court has jurisdiction to determine child 
  2.14  custody matters, the court shall not modify a prior custody 
  2.15  order unless it finds, upon the basis of facts, including 
  2.16  unwarranted denial of, or interference with, a duly established 
  2.17  visitation schedule, that have arisen since the prior order or 
  2.18  that were unknown to the court at the time of the prior order, 
  2.19  that a change has occurred in the circumstances of the child or 
  2.20  the parties and that the modification is necessary to serve the 
  2.21  best interests of the child.  In applying these standards the 
  2.22  court shall retain the custody arrangement established by the 
  2.23  prior order unless: 
  2.24     (i) the parties agreed, in a writing approved by a court, 
  2.25  to apply a standard other than those provided by this paragraph; 
  2.26     (ii) both parties agree to the modification; 
  2.27     (ii) (iii) the child has been integrated into the family of 
  2.28  the petitioner with the consent of the other party; or 
  2.29     (iii) (iv) the child's present environment endangers the 
  2.30  child's physical or emotional health or impairs the child's 
  2.31  emotional development and the harm likely to be caused by a 
  2.32  change of environment is outweighed by the advantage of a change 
  2.33  to the child.  
  2.34     In addition, a court may modify a custody order under 
  2.35  section 631.52.  
  2.36     (e) In deciding whether to modify a prior joint custody 
  3.1   order, the court shall apply the standards set forth in 
  3.2   paragraph (d) unless:  (1) the parties agree in writing to the 
  3.3   application of a different standard, or (2) the party seeking 
  3.4   the modification is asking the court for permission to move the 
  3.5   residence of the child to another state. 
  3.6      (f) If a custodial parent has been granted sole physical 
  3.7   custody of a minor and the child subsequently lives with the 
  3.8   noncustodial parent, and temporary sole physical custody has 
  3.9   been approved by the court or by a court-appointed referee, the 
  3.10  court may suspend the noncustodial parent's child support 
  3.11  obligation pending the final custody determination.  The court's 
  3.12  order denying the suspension of child support must include a 
  3.13  written explanation of the reasons why continuation of the child 
  3.14  support obligation would be in the best interests of the child. 
  3.15     Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
  3.16     Sections 1 and 2 are effective retroactive to September 1, 
  3.17  1999, and apply to custody modifications sought on or after that 
  3.18  date.