SF 1191

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/18/2015 11:46am

A bill for an act
relating to family law; making changes to provisions related to best interests
of the child standards, custody, parenting time, maintenance, child support,
judgments, and awards; providing the Uniform Deployed Parents Custody and
Visitation Act; making technical changes; amending Minnesota Statutes 2014,
sections 257.025; 518.167, subdivision 2; 518.17, subdivisions 1, 3, by adding
a subdivision; 518.175, subdivisions 1, 6; 518.552, subdivision 5; 518A.28;
518A.38, by adding a subdivision; 518A.39, subdivision 2; 549.09, subdivision
1; proposing coding for new law as Minnesota Statutes, chapter 518E; repealing
Minnesota Statutes 2014, section 518.17, subdivisions 1a, 2.

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

ARTICLE 1

GENERAL PROVISIONS; CUSTODY AND PARENTING TIME

Section 1.

Minnesota Statutes 2014, section 257.025, is amended to read:

257.025 CUSTODY DISPUTES.

(a) In any new text begin custody or parenting time new text end proceeding deleted text begin where two or more parties seek
custody of a child deleted text end new text begin involving unmarried parents, new text end the court shall consider and evaluate all
relevant factors deleted text begin in determining deleted text end new text begin in section 518.17, subdivision 1, to determine new text end the best
interests of the child deleted text begin , including the following factors: deleted text end new text begin .
new text end

deleted text begin (1) the wishes of the party or parties as to custody;
deleted text end

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

deleted text begin (3) the child's primary caretaker;
deleted text end

deleted text begin (4) the intimacy of the relationship between each party and the child;
deleted text end

deleted text begin (5) the interaction and interrelationship of the child with a party or parties, siblings,
and any other person who may significantly affect the child's best interests;
deleted text end

deleted text begin (6) the child's adjustment to home, school, and community;
deleted text end

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

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

deleted text begin (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;
deleted text end

deleted text begin (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, religion, or
creed, if any;
deleted text end

deleted text begin (11) the child's cultural background; and
deleted text end

deleted text begin (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 the parties.
deleted text end

deleted text begin The court may not use one factor to the exclusion of all others. 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.
deleted text end

(b) The fact that the parents of the child are not or were never married to each other
shall not be determinative of the custody of the child.

deleted text begin (c) The court shall not consider conduct of a proposed custodian that does not affect
the custodian's relationship to the child.
deleted text end

deleted text begin (d) The court shall consider evidence of a violation of section 609.507 in determining
the best interests of the child.
deleted text end

deleted text begin (e) deleted text end new text begin (c) new text end A person may seek custody of a child by filing a petition or motion pursuant
to section 518.156.

deleted text begin (f) deleted text end new text begin (d) new text end Section 518.619 applies to this section.

Sec. 2.

Minnesota Statutes 2014, 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 new text begin :
new text end

new text begin (1) state the position of each party;
new text end

new text begin (2) new text end consider and evaluate the factors in section 518.17, subdivision 1 deleted text begin , and deleted text end new text begin ;
new text end

new text begin (3) new text end include a detailed analysis of all information considered for each factor deleted text begin . If joint
custody is contemplated or sought, the report must consider and evaluate the factors in
section 518.17, subdivision 2, state the position of each party and deleted text end new text begin ;
new text end

new text begin (4) state new text end the investigator's recommendation and the reason for the recommendation deleted text begin , deleted text end new text begin ;
new text end and

new text begin (5) new text end reference established means for dispute resolution between the parties.

Sec. 3.

Minnesota Statutes 2014, section 518.17, subdivision 1, is amended to read:

Subdivision 1.

The best interests of the child.

deleted text begin (a) "The best interests of the child"
means all relevant factors to be considered and evaluated by the court including:
deleted text end

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

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

deleted text begin (3) the child's primary caretaker;
deleted text end

deleted text begin (4) the intimacy of the relationship between each parent and the child;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (6) the child's adjustment to home, school, and community;
deleted text end

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

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

deleted text begin (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;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (11) the child's cultural background;
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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.
deleted text end

deleted text begin 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.
deleted text end

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

new text begin (a) In evaluating the best interests of the child for purposes of determining issues
of custody and parenting time, the court must consider and evaluate all relevant factors,
including:
new text end

new text begin (1) a child's physical, emotional, cultural, spiritual, and other needs, and the effect of
the proposed arrangements on the child's needs and development;
new text end

new text begin (2) any special medical, mental health, or educational needs that the child may have
that may require special parenting arrangements or access to recommended services;
new text end

new text begin (3) the reasonable preference of the child, if the court deems the child to be of
sufficient ability, age, and maturity to express an independent, reliable preference;
new text end

new text begin (4) whether domestic abuse, as defined in section 518B.01, has occurred in the
parents' or either parent's household or relationship; the nature and context of the domestic
abuse; and the implications of the domestic abuse for parenting and for the child's safety,
well-being, and developmental needs;
new text end

new text begin (5) any physical, mental, or chemical health issue of a parent that affects the child's
safety or developmental needs;
new text end

new text begin (6) the history and nature of each parent's participation in providing care for the child;
new text end

new text begin (7) the willingness and ability of each parent to provide ongoing care for the child;
to meet the child's ongoing developmental, emotional, spiritual, and cultural needs; and to
maintain consistency and follow through with parenting time;
new text end

new text begin (8) the effect on the child's well-being and development of changes to home, school,
and community;
new text end

new text begin (9) the effect of the proposed arrangements on the ongoing relationships between the
child and each parent, siblings, and other significant persons in the child's life;
new text end

new text begin (10) the benefit to the child in maximizing parenting time with both parents and the
detriment to the child in limiting parenting time with either parent;
new text end

new text begin (11) except in cases in which domestic abuse as described in clause (4) has occurred,
the disposition of each parent to support the child's relationship with the other parent
and to encourage and permit frequent and continuing contact between the child and the
other parent; and
new text end

new text begin (12) the willingness and ability of parents to cooperate in the rearing of their child;
to maximize sharing information and minimize exposure of the child to parental conflict;
and to utilize methods for resolving disputes regarding any major decision concerning
the life of the child.
new text end

new text begin (b) Clauses (1) to (9) govern the application of the best interests of the child factors
by the court:
new text end

new text begin (1) The court must make detailed findings on each of the factors in paragraph (a)
based on the evidence presented and explain how each factor led to its conclusions and to
the determination of custody and parenting time. The court may not use one factor to the
exclusion of all others, and the court shall consider that the factors may be interrelated.
new text end

new text begin (2) The court shall consider that it is in the best interests of the child to promote the
child's healthy growth and development through safe, stable, nurturing relationships
between a child and both parents.
new text end

new text begin (3) The court shall consider both parents as having the capacity to develop and
sustain nurturing relationships with their children unless there are substantial reasons
to believe otherwise. In assessing whether parents are capable of sustaining nurturing
relationships with their children, the court shall recognize that there are many ways that
parents can respond to a child's needs with sensitivity and provide the child love and
guidance, and these may differ between parents and among cultures.
new text end

new text begin (4) The court shall not consider conduct of a party that does not affect the party's
relationship with the child.
new text end

new text begin (5) Disability alone, as defined in section 363A.03, of a proposed custodian or the
child shall not be determinative of the custody of the child.
new text end

new text begin (6) The court shall consider evidence of a violation of section 609.507 in determining
the best interests of the child.
new text end

new text begin (7) There is no presumption for or against joint physical custody, except as provided
in clause (9).
new text end

new text begin (8) Joint physical custody does not require an absolutely equal division of time.
new text end

new text begin (9) The court shall use a rebuttable presumption that upon request of either or both
parties, joint legal custody is in the best interests of the child. However, the court shall use
a rebuttable presumption that joint legal custody or joint physical custody is not in the best
interests of the child if domestic abuse, as defined in section 518B.01, has occurred between
the parents. In determining whether the presumption is rebutted, the court shall consider
the nature and context of the domestic abuse and the implications of the domestic abuse for
parenting and for the child's safety, well-being, and developmental needs. Disagreement
alone over whether to grant sole or joint custody does not constitute an inability of parents
to cooperate in the rearing of their children as referenced in paragraph (a), clause (12).
new text end

new text begin (c) In a proceeding involving the custodial responsibility of a service member's child,
a court may not consider only a parent's past deployment or possible future deployment
in determining the best interests of the child. For purposes of this paragraph, "custodial
responsibility" has the meaning given in section 518E.102, paragraph (f).
new text end

Sec. 4.

Minnesota Statutes 2014, section 518.17, subdivision 3, is amended to read:

Subd. 3.

Custody order.

(a) Upon 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 consider the best interests
of each child and shall not prefer one parent over the other solely on the basis of the sex
of the parent.

(b) The court shall grant the deleted text begin following deleted text end rights new text begin listed in subdivision 3a new text end to each of the
parties, new text begin regardless of custodial designation, new text end unless specific findings are made under section
518.68, subdivision 1. deleted text begin Each party has the following rights: deleted text end new text begin The court shall include in the
custody order the notice under subdivision 3a.
new text end

deleted text begin (1) right of access to, and to receive copies of, school, medical, dental, religious
training, police reports, and other important records and information about the minor
children;
deleted text end

deleted text begin (2) right of access to information regarding health or dental insurance available to
the minor children;
deleted text end

deleted text begin (3) right to be informed by the other party as to the name and address of the school
of attendance of the minor children;
deleted text end

deleted text begin (4) 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;
deleted text end

deleted text begin (5) right to be notified by the other party of an accident or serious illness of a minor
child, including the name of the health care provider and the place of treatment;
deleted text end

deleted text begin (6) right to be notified by the other party if the minor child is the victim of an alleged
crime, including the name of the investigating law enforcement officer or agency. There is
no duty to notify if the party to be notified is the alleged perpetrator; and
deleted text end

deleted text begin (7) right to reasonable access and telephone contact with the minor children.
deleted text end

(c) 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.

(d) If a court order or law prohibits contact by a party, deleted text begin notification required deleted text end new text begin the
notifications and information required to be sent new text end under deleted text begin paragraph (b) deleted text end new text begin subdivision 3a new text end ,
clauses (1), (2), (3), (5), and (6), shall not be new text begin made new text end by direct communication of the parties.
Third-party communication shall be limited to the specific purposes delineated in this
subdivision new text begin or subdivision 3a new text end . Nothing in this subdivision new text begin or subdivision 3a new text end shall modify,
suspend, revoke, or terminate a court order or law that prohibits contact by a party.

(e) If one of the parties is a program participant under chapter 5B, the other party
shall send all information and notifications required under deleted text begin paragraph (b) deleted text end new text begin subdivision 3a new text end ,
clauses (1), (2), (3), (5), and (6), to the participant's designated address. The program
participant is exempted from the requirements of deleted text begin paragraph (b) deleted text end new text begin subdivision 3a new text end .

(f) Failure to notify or inform a party of rights under deleted text begin paragraph (b) deleted text end new text begin subdivision 3a
new text end does not form a basis for modification under section 518.18, paragraph (d), clause (iv),
unless other grounds are alleged which would support a modification.

Sec. 5.

Minnesota Statutes 2014, section 518.17, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Contents on notice. new text end

new text begin The required notice under subdivision 3 must be
substantially as follows:
new text end

new text begin "NOTICE
new text end

new text begin EACH PARTY IS GRANTED THE FOLLOWING RIGHTS:
new text end

new text begin (1) right of access to, and to receive copies of, school, medical, dental, religious
training, police reports, and other important records and information about the minor
children;
new text end

new text begin (2) right of access to information regarding health or dental insurance available to
the minor children;
new text end

new text begin (3) right to be informed by the other party as to the name and address of the school
of attendance of the minor children;
new text end

new text begin (4) 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, unless attending the same conference
would result in violation of a court order prohibiting contact with a party;
new text end

new text begin (5) right to be notified by the other party of an accident or serious illness of a minor
child, including the name of the health care provider and the place of treatment;
new text end

new text begin (6) right to be notified by the other party if the minor child is the victim of an alleged
crime, including the name of the investigating law enforcement officer or agency. There is
no duty to notify if the party to be notified is the alleged perpetrator; and
new text end

new text begin (7) right to reasonable access and telephone or other electronic contact with the
minor children."
new text end

Sec. 6.

Minnesota Statutes 2014, 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, 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 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.

(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 parenting time, including the frequency and
duration of visitation and visitation during holidays and vacations, 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, there is a rebuttable presumption that a parent
is entitled to receive deleted text begin at least deleted text end new text begin a minimum of new text end 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 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.

Sec. 7.

Minnesota Statutes 2014, section 518.175, subdivision 6, is amended to read:

Subd. 6.

Remedies.

new text begin (a) The court may provide compensatory parenting time when
a substantial amount of court-ordered parenting time has been made unavailable to one
parent unless providing the compensatory parenting time is not consistent with the child's
best interests.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end The court deleted text begin may deleted text end new text begin shall new text end provide for one deleted text begin or more deleted text end of the deleted text begin following deleted text end remedies new text begin as
provided under this subdivision new text end for new text begin (1) a repeated and intentional new text end denial of or interference
with court-ordered parenting time deleted text begin as provided under this subdivision. All parenting time
orders must include notice of the provisions of this subdivision. deleted text end new text begin , or (2) a repeated and
intentional failure to comply with a binding agreement or decision under section 518.1751.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end If the court finds that a person has been deprived of court-ordered parenting
time new text begin under paragraph (b) new text end , the court shall order the parent who has interfered to allow
compensatory parenting time to the other parent deleted text begin or the court shall make specific findings
as to why a request for compensatory parenting time is denied deleted text end . deleted text begin If deleted text end new text begin When new text end compensatory
parenting time is awarded, additional parenting time must be:

(1) at least of the same type and duration as the deprived parenting time and, at
the discretion of the court, may be in excess of or of a different type than the deprived
parenting time;

(2) taken within one year after the deprived parenting time; and

(3) at a time acceptable to the parent deprived of parenting time.

deleted text begin (c) deleted text end new text begin (d) new text end If the court finds that a party has deleted text begin wrongfully failed to comply with a parenting
time order deleted text end new text begin repeatedly and intentionally denied or interfered with court-ordered parenting
time new text end or new text begin failed to comply with new text end a binding agreement or decision under section 518.1751, the
court may new text begin in addition to awarding compensatory parenting time under paragraph (c) new text end :

(1) impose a civil penalty of up to $500 on the party;

(2) require the party to post a bond with the court for a specified period of time
to secure the party's compliance;

(3) award reasonable attorney's fees and costs;

(4) require the party who violated the parenting time order or binding agreement or
decision of the parenting time expeditor to reimburse the other party for costs incurred as
a result of the violation of the order or agreement or decision; or

(5) award any other remedy that the court finds to be in the best interests of the
children involved.

A civil penalty imposed under this paragraph must be deposited in the county
general fund and must be used to fund the costs of a parenting time expeditor program
in a county with this program. In other counties, the civil penalty must be deposited
in the state general fund.

new text begin (e) The court shall provide one or more of the remedies available in paragraph (d),
clauses (1) to (5), if one of the following occurs:
new text end

new text begin (1) the court finds that a party has repeatedly and intentionally denied or interfered
with court-ordered parenting time after a previous finding that the party repeatedly and
intentionally denied or interfered with court-ordered parenting time; or
new text end

new text begin (2) the court finds that a party has failed to comply with a binding agreement or
decision under section 518.1751 after a previous finding that the party failed to comply
with a binding agreement or decision under section 518.1751.
new text end

new text begin (f) If the court makes written findings that any denial of or interference with
court-ordered parenting time or the failure to comply with a binding agreement or decision
under section 518.1751 was necessary to protect a child's physical or emotional health, the
court is not required to comply with paragraphs (b) to (e).
new text end

deleted text begin (d) deleted text end new text begin (g) new text end If the court finds that a party has been denied parenting time and has incurred
expenses in connection with the denied parenting time, the court may require the party
who denied parenting time to post a bond in favor of the other party in the amount of
prepaid expenses associated with upcoming planned parenting time.

deleted text begin (e) deleted text end new text begin (h) new text end Proof of an unwarranted denial of or interference with duly established
parenting time may constitute contempt of court and may be sufficient cause for reversal
of custody.

new text begin (i) All parenting time orders must include notice of the provisions of this subdivision.
new text end

Sec. 8.

Minnesota Statutes 2014, section 518.552, subdivision 5, is amended to read:

Subd. 5.

Private agreements.

The parties may expressly preclude or limit
modification of maintenance through a stipulation, if the court makes specific findings
that the stipulation is fair and equitable, is supported by consideration described in the
findings, and that full disclosure of each party's financial circumstances has occurred. The
stipulation must be made a part of the judgment and decree new text begin or a post-decree stipulated
order. The parties may restore the court's authority or jurisdiction to award or modify
maintenance through a binding stipulation new text end .

Sec. 9.

Minnesota Statutes 2014, section 518A.28, is amended to read:

518A.28 PROVIDING INCOME INFORMATION.

(a) In any case where the parties have joint children for which a child support
order must be determined, the parties shall serve and file with their initial pleadings
or motion documents, a financial affidavit, disclosing all sources of gross income for
purposes of section 518A.29. The financial affidavit shall include relevant supporting
documentation necessary to calculate the parental income for child support under section
518A.26, subdivision 15, including, but not limited to, pay stubs for the most recent three
months, employer statements, or statements of receipts and expenses if self-employed.
Documentation of earnings and income also include relevant copies of each parent's
most recent federal tax returns, including W-2 forms, 1099 forms, unemployment benefit
statements, workers' compensation statements, and all other documents evidencing
earnings or income as received that provide verification for the financial affidavit. The
state court administrator shall prepare a financial affidavit form that may be used by
the parties for disclosing information under this section. The parties may provide the
information required under this section in a substantially similar affidavit form.

(b) In addition to the requirements of paragraph (a), at any time after an action
seeking child support has been commenced or when a child support order is in effect, a
party or the public authority may require the other party to give them a copy of new text begin :
new text end

new text begin (1) new text end the party's deleted text begin most recent deleted text end new text begin complete new text end federal tax returns new text begin for the preceding year new text end that
were filed with the Internal Revenue Service new text begin ; or
new text end

new text begin (2) if the party's federal tax returns have not been filed for that year, one or more of
the following:
new text end

new text begin (i) the party's 1099 form;
new text end

new text begin (ii) the party's W-2 form; or
new text end

new text begin (iii) the party's K-1 form new text end .

The party shall provide a copy of the tax returns new text begin or forms new text end within 30 days of receipt of the
request unless the request is not made in good faith. A request under this paragraph may
not be made more than once every two years, in the absence of good cause.

(c) If a parent under the jurisdiction of the court does not serve and file the financial
affidavit with the parent's initial pleading or motion documents, the court shall set income
for that parent based on credible evidence before the court or in accordance with section
518A.32. Credible evidence may include documentation of current or recent income,
testimony of the other parent concerning recent earnings and income levels, and the
parent's wage reports filed with the Minnesota Department of Employment and Economic
Development under section 268.044. The court may consider credible evidence from one
party that the financial affidavit submitted by the other party is false or inaccurate.

(d) If the court determines that a party does not have access to documents that are
required to be disclosed under this section, the court may consider the testimony of that
party as credible evidence of that party's income.

new text begin (e) If the court finds that a party has violated a court order or statute requiring the
party to disclose income or employment information and any changes to that information,
the court may issue an order requiring compensation and cost and reasonable attorney
fees to the party who was wrongfully deprived of the information, but in no event later
than three years from the date the information should have been provided. A party who
brings a meritless motion for such relief may be ordered to pay costs and reasonable
attorney fees to the other party.
new text end

Sec. 10.

Minnesota Statutes 2014, section 518A.38, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Income tax dependency exemptions. new text end

new text begin (a) The court may allocate income
tax dependency exemptions for a child and require a party who has the child in the
party's physical custody for more than one-half of the calendar year to provide a properly
executed declaration that releases the party's claim to the child as a dependent under
section 152(e) of the Internal Revenue Code of 1986, as amended, to the other parent.
new text end

new text begin (b) In determining the allocation under paragraph (a), the court shall consider the
following:
new text end

new text begin (1) the financial resources of each party;
new text end

new text begin (2) if not awarding the dependency exemption negatively impacts a parent's ability
to provide for the needs of the child;
new text end

new text begin (3) if only one party or both parties would receive a tax benefit from the dependency
exemption; and
new text end

new text begin (4) the impact of the dependent exemption on either party's ability to claim a
premium tax credit or a premium subsidy under the federal Patient Protection and
Affordable Care Act, Public Law 111-148, as amended, including the federal Health Care
and Education Reconciliation Act of 2010, Public Law 111-152, and any amendments to,
and any federal guidance or regulations issued under, these acts.
new text end

new text begin (c) The court may place reasonable conditions on a party's right to claim an
exemption, including a requirement that the party remains in compliance with a child
support obligation.
new text end

new text begin (d) A party with less than ten percent of court-ordered parenting time shall not be
entitled to receive a dependency exemption except by agreement of the parties.
new text end

new text begin (e) The court may issue an order to modify a prior allocation of an income tax
dependency exemption upon a showing of substantial change in the factors under
paragraph (b).
new text end

new text begin (f) If allocation of an exemption is contested, the court must make findings
supporting its decision on the allocation.
new text end

new text begin (g) When a party has claimed an income tax dependency exemption in violation of
a court order or applicable law, or has failed or refused to provide a properly executed
written declaration that releases the party's claim to a child as a dependent to the other
party as required by a court order, the court may issue an order requiring compensation in
the amount of the lost benefit and costs and reasonable attorney fees, to the party who
was wrongfully deprived of the income tax dependency exemption. A motion for such
relief must be brought within a reasonable time, but in no event later than three years from
the date of the filing of the return in which the exemption was claimed or could have
been claimed. A party who brings a meritless motion for such relief may be ordered to
pay costs and reasonable attorney fees to the other party.
new text end

Sec. 11.

Minnesota Statutes 2014, section 518A.39, subdivision 2, is amended to read:

Subd. 2.

Modification.

(a) The terms of an order respecting maintenance or support
may be modified upon a showing of one or more of the following, any of which makes
the terms unreasonable and unfair: (1) substantially increased or decreased gross income
of an obligor or obligee; (2) substantially increased or decreased need of an obligor or
obligee or the child or children that are the subject of these proceedings; (3) receipt of
assistance under the AFDC program formerly codified under sections 256.72 to 256.87
or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a change in the cost of living for
either party as measured by the Federal Bureau of Labor Statistics; (5) extraordinary
medical expenses of the child not provided for under section 518A.41; (6) a change in
the availability of appropriate health care coverage or a substantial increase or decrease
in health care coverage costs; (7) the addition of work-related or education-related child
care expenses of the obligee or a substantial increase or decrease in existing work-related
or education-related child care expenses; or (8) upon the emancipation of the child, as
provided in subdivision 5.

(b) It is presumed that there has been a substantial change in circumstances under
paragraph (a) and the terms of a current support order shall be rebuttably presumed to be
unreasonable and unfair if:

(1) the application of the child support guidelines in section 518A.35, to the current
circumstances of the parties results in a calculated court order that is at least 20 percent
and at least $75 per month higher or lower than the current support order or, if the current
support order is less than $75, it results in a calculated court order that is at least 20
percent per month higher or lower;

(2) the medical support provisions of the order established under section 518A.41
are not enforceable by the public authority or the obligee;

(3) health coverage ordered under section 518A.41 is not available to the child for
whom the order is established by the parent ordered to provide;

(4) the existing support obligation is in the form of a statement of percentage and not
a specific dollar amount;

(5) the gross income of an obligor or obligee has decreased by at least 20 percent
through no fault or choice of the party; or

(6) a deviation was granted based on the factor in section 518A.43, subdivision 1,
clause (4), and the child no longer resides in a foreign country or the factor is otherwise no
longer applicable.

(c) A child support order is not presumptively modifiable solely because an obligor
or obligee becomes responsible for the support of an additional nonjoint child, which is
born after an existing order. Section 518A.33 shall be considered if other grounds are
alleged which allow a modification of support.

(d) On a motion for modification of maintenance, including a motion for the
extension of the duration of a maintenance award, the court shall apply, in addition to all
other relevant factors, the factors for an award of maintenance under section 518.552 that
exist at the time of the motion. On a motion for modification of support, the court:

(1) shall apply section 518A.35, and shall not consider the financial circumstances of
each party's spouse, if any; and

(2) shall not consider compensation received by a party for employment in excess of
a 40-hour work week, provided that the party demonstrates, and the court finds, that:

(i) the excess employment began after entry of the existing support order;

(ii) the excess employment is voluntary and not a condition of employment;

(iii) the excess employment is in the nature of additional, part-time employment, or
overtime employment compensable by the hour or fractions of an hour;

(iv) the party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation;

(v) in the case of an obligor, current child support payments are at least equal to the
guidelines amount based on income not excluded under this clause; and

(vi) in the case of an obligor who is in arrears in child support payments to the
obligee, any net income from excess employment must be used to pay the arrearages
until the arrearages are paid in full.

(e) A modification of support or maintenance, including interest that accrued
pursuant to section 548.091, may be made retroactive only with respect to any period
during which the petitioning party has pending a motion for modification but only from
the date of service of notice of the motion on the responding party and on the public
authority if public assistance is being furnished or the county attorney is the attorney of
record new text begin , unless the court adopts an alternative effective date under paragraph (l). The
court's adoption of an alternative effective date under paragraph (l) shall not be considered
a retroactive modification of maintenance or support new text end .

(f) Except for an award of the right of occupancy of the homestead, provided in
section 518.63, all divisions of real and personal property provided by section 518.58
shall be final, and may be revoked or modified only where the court finds the existence
of conditions that justify reopening a judgment under the laws of this state, including
motions under section 518.145, subdivision 2. The court may impose a lien or charge on
the divided property at any time while the property, or subsequently acquired property, is
owned by the parties or either of them, for the payment of maintenance or support money,
or may sequester the property as is provided by section 518A.71.

(g) The court need not hold an evidentiary hearing on a motion for modification of
maintenance or support.

(h) Sections 518.14 and 518A.735 shall govern the award of attorney fees for
motions brought under this subdivision.

(i) Except as expressly provided, an enactment, amendment, or repeal of law does
not constitute a substantial change in the circumstances for purposes of modifying a
child support order.

(j) MS 2006 [Expired]

(k) On the first modification under the income shares method of calculation, the
modification of basic support may be limited if the amount of the full variance would
create hardship for either the obligor or the obligee.

new text begin (l) The court may select an alternative effective date for a maintenance or support
order if the parties enter into a binding agreement for an alternative effective date.
new text end

Sec. 12.

Minnesota Statutes 2014, section 549.09, subdivision 1, is amended to read:

Subdivision 1.

When owed; rate.

(a) When a judgment or award is for the recovery
of money, including a judgment for the recovery of taxes, interest from the time of the
verdict, award, or report until judgment is finally entered shall be computed by the court
administrator or arbitrator as provided in paragraph (c) and added to the judgment or award.

(b) Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest on pecuniary damages shall be computed as provided
in paragraph (c) from the time of the commencement of the action or a demand for
arbitration, or the time of a written notice of claim, whichever occurs first, except as
provided herein. The action must be commenced within two years of a written notice of
claim for interest to begin to accrue from the time of the notice of claim. If either party
serves a written offer of settlement, the other party may serve a written acceptance or a
written counteroffer within 30 days. After that time, interest on the judgment or award
shall be calculated by the judge or arbitrator in the following manner. The prevailing
party shall receive interest on any judgment or award from the time of commencement
of the action or a demand for arbitration, or the time of a written notice of claim, or as
to special damages from the time when special damages were incurred, if later, until the
time of verdict, award, or report only if the amount of its offer is closer to the judgment or
award than the amount of the opposing party's offer. If the amount of the losing party's
offer was closer to the judgment or award than the prevailing party's offer, the prevailing
party shall receive interest only on the amount of the settlement offer or the judgment or
award, whichever is less, and only from the time of commencement of the action or a
demand for arbitration, or the time of a written notice of claim, or as to special damages
from when the special damages were incurred, if later, until the time the settlement offer
was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
and counteroffers. For the purposes of clause (2), the amount of settlement offer must
be allocated between past and future damages in the same proportion as determined by
the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest shall not be awarded on the following:

(1) judgments, awards, or benefits in workers' compensation cases, but not including
third-party actions;

(2) judgments or awards for future damages;

(3) punitive damages, fines, or other damages that are noncompensatory in nature;

(4) judgments or awards not in excess of the amount specified in section 491A.01; and

(5) that portion of any verdict, award, or report which is founded upon interest, or
costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.

(c)(1) new text begin (i) new text end For a judgment or award of $50,000 or less or a judgment or award for or
against the state or a political subdivision of the state, regardless of the amount, new text begin or a
judgment or award in a family court action, regardless of the amount, new text end the interest shall
be computed as simple interest per annum. The rate of interest shall be based on the
secondary market yield of one year United States Treasury bills, calculated on a bank
discount basis as provided in this section.

On or before the 20th day of December of each year the state court administrator
shall determine the rate from the one-year constant maturity treasury yield for the most
recent calendar month, reported on a monthly basis in the latest statistical release of the
board of governors of the Federal Reserve System. This yield, rounded to the nearest one
percent, or four percent, whichever is greater, shall be the annual interest rate during the
succeeding calendar year. The state court administrator shall communicate the interest
rates to the court administrators and sheriffs for use in computing the interest on verdicts
and shall make the interest rates available to arbitrators.

This deleted text begin clause deleted text end new text begin item new text end applies to any section that references section 549.09 by citation
for the purposes of computing an interest rate on any amount owed to or by the state or a
political subdivision of the state, regardless of the amount.

new text begin (ii) The court, in a family court action, may order a lower interest rate or no interest
rate if the parties agree or if the court makes findings explaining why application of a
lower interest rate or no interest rate is necessary to avoid causing an unfair hardship to
the debtor. This item does not apply to child support or spousal maintenance judgments
subject to section 548.091.
new text end

(2) For a judgment or award over $50,000, other than a judgment or award for or
against the state or a political subdivision of the state new text begin or a judgment or award in a family
court action new text end , the interest rate shall be ten percent per year until paid.

(3) When a judgment creditor, or the judgment creditor's attorney or agent, has
received a payment after entry of judgment, whether the payment is made voluntarily by
or on behalf of the judgment debtor, or is collected by legal process other than execution
levy where a proper return has been filed with the court administrator, the judgment
creditor, or the judgment creditor's attorney, before applying to the court administrator
for an execution shall file with the court administrator an affidavit of partial satisfaction.
The affidavit must state the dates and amounts of payments made upon the judgment after
the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
is applied to taxable disbursements and to accrued interest and to the unpaid principal
balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
application of each payment.

(d) This section does not apply to arbitrations between employers and employees
under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
awarding interest under chapter 179 or under section 179A.16 for essential employees.

(e) For purposes of this subdivision:

(1) "state" includes a department, board, agency, commission, court, or other entity
in the executive, legislative, or judicial branch of the state; and

(2) "political subdivision" includes a town, statutory or home rule charter city,
county, school district, or any other political subdivision of the state.

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 518.17, subdivisions 1a and 2, new text end new text begin are repealed.
new text end

ARTICLE 2

UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT

Section 1.

new text begin [518E.101] SHORT TITLE.
new text end

new text begin This chapter may be cited as the Uniform Deployed Parents Custody and Visitation
Act.
new text end

Sec. 2.

new text begin [518E.102] DEFINITIONS.
new text end

new text begin (a) The definitions in this section apply to this chapter.
new text end

new text begin (b) "Adult" means an individual who has attained 18 years of age or an emancipated
minor.
new text end

new text begin (c) "Caretaking authority" means the right to live with and care for a child on a
day-to-day basis. The term includes physical custody, parenting time, right to access,
and visitation.
new text end

new text begin (d) "Child" means:
new text end

new text begin (1) an unemancipated individual who has not attained 18 years of age; or
new text end

new text begin (2) an adult son or daughter by birth or adoption, or under law of this state other than
this chapter, who is the subject of a court order concerning custodial responsibility.
new text end

new text begin (e) "Court" means a tribunal, including an administrative agency, authorized under
law of this state other than this chapter to make, enforce, or modify a decision regarding
custodial responsibility.
new text end

new text begin (f) "Custodial responsibility" includes all powers and duties relating to caretaking
authority and decision-making authority for a child. The term includes physical custody,
legal custody, parenting time, right to access, visitation, and authority to grant limited
contact with a child.
new text end

new text begin (g) "Decision-making authority" means the power to make important decisions
regarding a child, including decisions regarding the child's education, religious training,
health care, extracurricular activities, and travel. The term does not include the power to
make decisions that necessarily accompany a grant of caretaking authority.
new text end

new text begin (h) "Deploying parent" means a service member, who is deployed or has been
notified of impending deployment and is:
new text end

new text begin (1) a parent of a child under law of this state other than this chapter; or
new text end

new text begin (2) an individual who has custodial responsibility for a child under law of this state
other than this chapter.
new text end

new text begin (i) "Deployment" means the movement or mobilization of a service member for
more than 90 days but less than 18 months pursuant to uniformed service orders that:
new text end

new text begin (1) are designated as unaccompanied;
new text end

new text begin (2) do not authorize dependent travel; or
new text end

new text begin (3) otherwise do not permit the movement of family members to the location to
which the service member is deployed.
new text end

new text begin (j) "Family member" means a sibling, aunt, uncle, cousin, stepparent, or grandparent
of a child or an individual recognized to be in a familial relationship with a child under
law of this state other than this chapter.
new text end

new text begin (k) "Limited contact" means the authority of a nonparent to visit a child for a limited
time. The term includes authority to take the child to a place other than the residence of
the child.
new text end

new text begin (l) "Nonparent" means an individual other than a deploying parent or other parent.
new text end

new text begin (m) "Other parent" means an individual who, in common with a deploying parent, is:
new text end

new text begin (1) a parent of a child under law of this state other than this chapter; or
new text end

new text begin (2) an individual who has custodial responsibility for a child under law of this state
other than this chapter.
new text end

new text begin (n) "Record" means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form.
new text end

new text begin (o) "Return from deployment" means the conclusion of service of the deploying
parent:
new text end

new text begin (1) as specified in the deploying parent's service orders;
new text end

new text begin (2) as specified in the deploying parent's command service orders; or
new text end

new text begin (3) as specified in a letter to the deploying parent from the deploying parent's
command, on command letterhead, stating that the deploying parent has concluded service.
new text end

new text begin (p) "Service member" means a member of a uniformed service.
new text end

new text begin (q) "Sign" means, with present intent to authenticate or adopt a record:
new text end

new text begin (1) to execute or adopt a tangible symbol; or
new text end

new text begin (2) to attach to or logically associate with the record an electronic symbol, sound,
or process.
new text end

new text begin (r) "State" means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
new text end

new text begin (s) "Uniformed service" means:
new text end

new text begin (1) active and reserve components of the Army, Navy, Air Force, Marine Corps, or
Coast Guard of the United States;
new text end

new text begin (2) the United States Merchant Marine;
new text end

new text begin (3) the commissioned corps of the United States Public Health Service;
new text end

new text begin (4) the commissioned corps of the National Oceanic and Atmospheric Administration
of the United States; or
new text end

new text begin (5) the National Guard of a state.
new text end

Sec. 3.

new text begin [518E.103] REMEDIES FOR NONCOMPLIANCE.
new text end

new text begin In addition to other remedies under law of this state other than this chapter, if a court
finds that a party to a proceeding under this chapter has acted in bad faith or intentionally
failed to comply with this chapter or a court order issued under this chapter, the court may
assess reasonable attorney fees and costs against the party and order other appropriate relief.
new text end

Sec. 4.

new text begin [518E.104] JURISDICTION.
new text end

new text begin (a) A court may issue an order regarding custodial responsibility under this chapter
only if the court has jurisdiction under chapter 518D.
new text end

new text begin (b) If a court has issued an order regarding custodial responsibility pursuant to
sections 518E.301 to 518E.311, the residence of the deploying parent is not changed by
reason of the deployment for the purposes of chapter 518D during the deployment.
new text end

new text begin (c) If a court has issued a permanent order regarding custodial responsibility before
notice of deployment and the parents modify that order temporarily by agreement pursuant
to sections 518E.201 to 518E.205, the residence of the deploying parent is not changed by
reason of the deployment for the purposes of chapter 518D.
new text end

new text begin (d) If a court in another state has issued an order regarding custodial responsibility
as a result of impending or current deployment, the residence of the deploying parent is
not changed by reason of the deployment for the purposes of chapter 518D.
new text end

new text begin (e) This section does not prevent a court from exercising temporary emergency
jurisdiction under chapter 518D.
new text end

Sec. 5.

new text begin [518E.105] NOTIFICATION REQUIRED OF DEPLOYING PARENT.
new text end

new text begin (a) Except as otherwise provided in paragraph (d) and subject to paragraph (c), a
deploying parent shall notify in a record the other parent of a pending deployment not
later than seven days after receiving notice of deployment unless reasonably prevented
from doing so by the circumstances of service. If the circumstances of service prevent
giving notification within the seven days, the deploying parent shall give the notification
as soon as reasonably possible.
new text end

new text begin (b) Except as otherwise provided in paragraph (d) and subject to paragraph (c), each
parent shall provide in a record the other parent with a plan for fulfilling that parent's share
of custodial responsibility during deployment. Each parent shall provide the plan as soon
as reasonably possible after notification of deployment is given under paragraph (a).
new text end

new text begin (c) If a court order currently in effect prohibits disclosure of the address or contact
information of the other parent, notification of deployment under paragraph (a), or
notification of a plan for custodial responsibility during deployment under paragraph (b),
may be made only to the issuing court. If the address of the other parent is available to the
issuing court, the court shall forward the notification to the other parent. The court shall
keep confidential the address or contact information of the other parent.
new text end

new text begin (d) Notification in a record under paragraph (a) or (b) is not required if the parents are
living in the same residence and both parents have actual notice of the deployment or plan.
new text end

new text begin (e) In a proceeding regarding custodial responsibility, a court may consider the
reasonableness of a parent's efforts to comply with this section.
new text end

Sec. 6.

new text begin [518E.106] DUTY TO NOTIFY OF CHANGE OF ADDRESS.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), an individual to whom custodial
responsibility has been granted during deployment pursuant to sections 518E.201 to
518E.205 or sections 518E.301 to 518E.311 shall notify the deploying parent and any
other individual with custodial responsibility of a child of any change of the individual's
mailing address or residence until the grant is terminated. The individual shall provide
the notice to any court that has issued a custody or child support order concerning the
child which is in effect.
new text end

new text begin (b) If a court order currently in effect prohibits disclosure of the address or contact
information of an individual to whom custodial responsibility has been granted, a
notification under paragraph (a) may be made only to the court that issued the order. The
court shall keep confidential the mailing address or residence of the individual to whom
custodial responsibility has been granted.
new text end

ARTICLE 3

AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY
DURING DEPLOYMENT

Section 1.

new text begin [518E.201] FORM OF AGREEMENT.
new text end

new text begin (a) The parents of a child may enter into an agreement under sections 518E.201 to
518E.205 granting custodial responsibility during deployment.
new text end

new text begin (b) An agreement under paragraph (a) must be:
new text end

new text begin (1) in writing; and
new text end

new text begin (2) signed by both parents and any nonparent to whom custodial responsibility
is granted.
new text end

new text begin (c) Subject to paragraph (d), an agreement under paragraph (a), if feasible, must:
new text end

new text begin (1) identify the destination, duration, and conditions of the deployment that is the
basis for the agreement;
new text end

new text begin (2) specify the allocation of caretaking authority among the deploying parent, the
other parent, and any nonparent;
new text end

new text begin (3) specify any decision-making authority that accompanies a grant of caretaking
authority;
new text end

new text begin (4) specify any grant of limited contact to a nonparent;
new text end

new text begin (5) if under the agreement custodial responsibility is shared by the other parent and a
nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
new text end

new text begin (6) specify the frequency, duration, and means, including electronic means, by which
the deploying parent will have contact with the child, any role to be played by the other
parent in facilitating the contact, and the allocation of any costs of contact;
new text end

new text begin (7) specify the contact between the deploying parent and child during the time the
deploying parent is on leave or is otherwise available;
new text end

new text begin (8) acknowledge that any party's child support obligation cannot be modified by the
agreement, and that changing the terms of the obligation during deployment requires
modification in the appropriate court;
new text end

new text begin (9) provide that the agreement will terminate according to the procedures under
sections 518E.401 to 518E.404 after the deploying parent returns from deployment; and
new text end

new text begin (10) if the agreement must be filed pursuant to section 518E.205, specify which
parent is required to file the agreement.
new text end

new text begin (d) The omission of any of the items specified in paragraph (c) does not invalidate
an agreement under this section.
new text end

Sec. 2.

new text begin [518E.202] NATURE OF AUTHORITY CREATED BY AGREEMENT.
new text end

new text begin (a) An agreement under sections 518E.201 to 518E.205 terminates pursuant to
sections 518E.401 to 518E.404 after the deploying parent returns from deployment, unless
the agreement has been terminated before that time by court order or modification under
section 518E.203. The agreement does not create an independent, continuing right to
caretaking authority, decision-making authority, or limited contact in an individual to
whom custodial responsibility is given.
new text end

new text begin (b) A nonparent who has caretaking authority, decision-making authority, or limited
contact by an agreement under sections 518E.201 to 518E.205 has standing to enforce
the agreement until it has been terminated by court order, by modification under section
518E.203, or under sections 518E.401 to 518E.404.
new text end

Sec. 3.

new text begin [518E.203] MODIFICATION OF AGREEMENT.
new text end

new text begin (a) By mutual consent, the parents of a child may modify an agreement regarding
custodial responsibility made pursuant to sections 518E.201 to 518E.205.
new text end

new text begin (b) If an agreement is modified under paragraph (a) before deployment of a
deploying parent, the modification must be in writing and signed by both parents and any
nonparent who will exercise custodial responsibility under the modified agreement.
new text end

new text begin (c) If an agreement is modified under paragraph (a) during deployment of a
deploying parent, the modification must be agreed to in a record by both parents and any
nonparent who will exercise custodial responsibility under the modified agreement.
new text end

Sec. 4.

new text begin [518E.204] POWER OF ATTORNEY.
new text end

new text begin A deploying parent, by power of attorney, may delegate all or part of custodial
responsibility to an adult nonparent for the period of deployment if no other parent
possesses custodial responsibility under law of this state other than this chapter, or if a
court order currently in effect prohibits contact between the child and the other parent. The
deploying parent may revoke the power of attorney by signing a revocation of the power.
new text end

Sec. 5.

new text begin [518E.205] FILING AGREEMENT OR POWER OF ATTORNEY WITH
COURT.
new text end

new text begin An agreement or power of attorney under sections 518E.201 to 518E.205 must
be filed within a reasonable time with any court that has entered an order on custodial
responsibility or child support that is in effect concerning the child who is the subject of
the agreement or power. The case number and heading of the pending case concerning
custodial responsibility or child support must be provided to the court with the agreement
or power.
new text end

ARTICLE 4

JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY
DURING DEPLOYMENT

Section 1.

new text begin [518E.301] DEFINITION.
new text end

new text begin In sections 518E.301 to 518E.311, "close and substantial relationship" means a
relationship in which a significant bond exists between a child and a nonparent.
new text end

Sec. 2.

new text begin [518E.302] PROCEEDING FOR CUSTODY ORDER.
new text end

new text begin (a) After a deploying parent receives notice of deployment and until the deployment
terminates, a court may issue an order granting custodial responsibility unless prohibited
by the Servicemembers Civil Relief Act, United States Code, title 50, appendix sections
521 and 522. A court may not issue a permanent order granting custodial responsibility
without the consent of the deploying parent.
new text end

new text begin (b) At any time after a deploying parent receives notice of deployment, either parent
may file a motion regarding custodial responsibility of a child during deployment. The
motion must be filed in a pending proceeding for custodial responsibility in a court with
jurisdiction under section 518E.104 or, if there is no pending proceeding in a court with
jurisdiction under section 518E.104, in a new action for granting custodial responsibility
during deployment.
new text end

Sec. 3.

new text begin [518E.303] EXPEDITED EVIDENTIARY HEARING.
new text end

new text begin If a motion to grant custodial responsibility is filed under section 518E.302,
paragraph (b), before a deploying parent deploys, the court shall conduct an expedited
evidentiary hearing within 30 days of filing the motion. In determining whether to grant
custodial responsibility, the court shall consider the best interests of the child as prescribed
in section 518.17. The court shall issue an order on the motion not later than 30 days from
the date of the expedited evidentiary hearing.
new text end

Sec. 4.

new text begin [518E.304] TESTIMONY BY ELECTRONIC MEANS.
new text end

new text begin In a proceeding under sections 518E.301 to 518E.311, a party or witness who is not
reasonably available to appear personally may appear, provide testimony, and present
evidence by electronic means unless the court finds good cause to require a personal
appearance.
new text end

Sec. 5.

new text begin [518E.305] EFFECT OF PRIOR JUDICIAL ORDER OR AGREEMENT.
new text end

new text begin In a proceeding for a grant of custodial responsibility pursuant to sections 518E.301
to 518E.311, the following rules apply:
new text end

new text begin (1) a prior judicial order designating custodial responsibility in the event of
deployment is binding on the court unless the circumstances meet the requirements of
law of this state other than this chapter for modifying a judicial order regarding custodial
responsibility; and
new text end

new text begin (2) the court shall enforce a prior written agreement between the parents for
designating custodial responsibility in the event of deployment, including an agreement
executed under sections 518E.201 to 518E.205, unless the court finds that the agreement
is contrary to the best interest of the child.
new text end

Sec. 6.

new text begin [518E.306] GRANT OF CARETAKING OR DECISION-MAKING
AUTHORITY TO NONPARENT.
new text end

new text begin (a) On motion of a deploying parent and in accordance with law of this state other
than this chapter, if it is in the best interests of the child, a court may grant caretaking
authority to a nonparent who is an adult family member of the child or to another adult.
The individual who is granted caretaking authority must have a close and substantial
relationship with the child.
new text end

new text begin (b) Unless a grant of caretaking authority to a nonparent under paragraph (a) is
agreed to by the other parent, the grant is limited to an amount of time not greater than:
new text end

new text begin (1) the amount of time granted to the deploying parent under a permanent custody
order, but the court may add unusual travel time necessary to transport the child; or
new text end

new text begin (2) in the absence of a permanent custody order that is currently in effect, the amount
of time that the deploying parent habitually cared for the child before being notified of
deployment, but the court may add unusual travel time necessary to transport the child.
new text end

new text begin (c) A court may grant part of a deploying parent's decision-making authority to a
nonparent who is an adult family member of the child or another adult only if granting part
of the deploying parent's decision-making authority is in the best interests of the child and
the deploying parent is unable to exercise that authority. The individual who is granted
decision-making authority must have a close and substantial relationship with the child. If
a court grants the authority to a nonparent, the court shall specify the decision-making
powers granted, including decisions regarding the child's education, religious training,
health care, extracurricular activities, and travel.
new text end

Sec. 7.

new text begin [518E.307] GRANT OF LIMITED CONTACT.
new text end

new text begin On motion of a deploying parent, and in accordance with law of this state other than
this chapter, unless the court finds that the contact would be contrary to the best interest of
the child, a court shall grant limited contact to a nonparent who is a family member of the
child or an individual with whom the child has a close and substantial relationship.
new text end

Sec. 8.

new text begin [518E.308] NATURE OF AUTHORITY CREATED BY CUSTODY
ORDER.
new text end

new text begin (a) A grant of authority under sections 518E.301 to 518E.311 terminates under
sections 518E.401 to 518E.404 after the return from deployment of the deploying parent,
unless the grant has been terminated before that time by court order. The grant does not
create an independent, continuing right to caretaking authority, decision-making authority,
or limited contact in an individual to whom it is granted.
new text end

new text begin (b) A nonparent granted caretaking authority, decision-making authority, or limited
contact under sections 518E.301 to 518E.311 has standing to enforce the grant until it is
terminated by court order or under sections 518E.401 to 518E.404.
new text end

Sec. 9.

new text begin [518E.309] CONTENT OF CUSTODY ORDER.
new text end

new text begin (a) An order granting custodial responsibility under sections 518E.301 to 518E.311
must:
new text end

new text begin (1) designate the order as being of limited duration;
new text end

new text begin (2) identify to the extent feasible the destination, duration, and conditions of the
deployment;
new text end

new text begin (3) identify and address any issues of domestic abuse as prescribed in section 518.17,
subdivision 1, clause (12); and
new text end

new text begin (4) appoint a parenting time expeditor in accordance with section 518.1751,
subdivision 2.
new text end

new text begin (b) If applicable, an order for custodial responsibility under sections 518E.301
to 518E.311 must:
new text end

new text begin (1) specify the allocation of caretaking authority, decision-making authority, or
limited contact among the deploying parent, the other parent, and any nonparent;
new text end

new text begin (2) if the order divides caretaking or decision-making authority between individuals,
or grants caretaking authority to one individual and limited contact to another, provide a
process to resolve any dispute that may arise;
new text end

new text begin (3) provide for liberal communication between the deploying parent and the child
during deployment, including through electronic means, unless contrary to the best interest
of the child, and allocate any costs of communications;
new text end

new text begin (4) provide for liberal contact between the deploying parent and the child during
the time the deploying parent is on leave or otherwise available, unless contrary to the
best interest of the child;
new text end

new text begin (5) provide for reasonable contact between the deploying parent and the child after
return from deployment until the order is terminated, even if the time of contact exceeds
the time the deploying parent spent with the child before entry of the order; and
new text end

new text begin (6) provide that the order will terminate pursuant to sections 518E.401 to 518E.404
after the deploying parent returns from deployment.
new text end

Sec. 10.

new text begin [518E.310] ORDER FOR CHILD SUPPORT.
new text end

new text begin If a court has issued an order granting caretaking authority under sections 518E.301 to
518E.311, or an agreement granting caretaking authority has been executed under sections
518E.201 to 518E.205, the court may enter a temporary order for child support consistent
with law of this state other than this chapter if the court has jurisdiction under chapter 518C.
new text end

Sec. 11.

new text begin [518E.311] MODIFYING OR TERMINATING GRANT OF
CUSTODIAL RESPONSIBILITY TO NONPARENT.
new text end

new text begin (a) Except for an order under section 518E.305, except as otherwise provided in
paragraph (b), and consistent with the Servicemembers Civil Relief Act, United States
Code, title 50, appendix sections 521 and 522, on motion of a deploying or other parent or
any nonparent to whom caretaking authority, decision-making authority, or limited contact
has been granted, the court may modify or terminate the grant if the modification or
termination is consistent with sections 518E.301 to 518E.311 and it is in the best interest
of the child. A modification terminates pursuant to sections 518E.401 to 518E.404 after
the deploying parent returns from deployment, unless the grant has been terminated before
that time by court order.
new text end

new text begin (b) On motion of a deploying parent, the court shall terminate a grant of limited
contact.
new text end

Sec. 12.

new text begin [518E.312] MOTIONS FOR AMENDED FINDINGS AND ORDER.
new text end

new text begin A party who disagrees with an order issued under this chapter may bring a motion
for amended findings and order before the district court within the time limits set forth
under Minnesota Rules of Civil Procedure.
new text end

ARTICLE 5

RETURN FROM DEPLOYMENT

Section 1.

new text begin [518E.401] PROCEDURE FOR TERMINATING GRANT OF
CUSTODIAL RESPONSIBILITY ESTABLISHED BY AGREEMENT.
new text end

new text begin (a) At any time after return from deployment, an agreement granting custodial
responsibility under sections 518E.201 to 518E.205 may be terminated by an agreement to
terminate signed by the deploying parent and the other parent.
new text end

new text begin (b) An agreement under sections 518E.201 to 518E.205 granting custodial
responsibility terminates:
new text end

new text begin (1) if an agreement to terminate under paragraph (a) specifies a date for termination,
on that date; or
new text end

new text begin (2) if the agreement to terminate does not specify a date, on the date the agreement
to terminate is signed by the deploying parent and the other parent.
new text end

new text begin (c) In the absence of an agreement under paragraph (a) to terminate, an agreement
granting custodial responsibility terminates under sections 518E.201 to 518E.205 60 days
after the deploying parent gives notice, pursuant to section 518E.4011, to the other parent
that the deploying parent returned from deployment.
new text end

new text begin (d) If an agreement granting custodial responsibility was filed with a court pursuant
to section 518E.205, an agreement to terminate the agreement also must be filed with that
court within a reasonable time after the signing of the agreement. The case number and
heading of the case concerning custodial responsibility or child support must be provided
to the court with the agreement to terminate.
new text end

Sec. 2.

new text begin [518E.4011] RETURN FROM DEPLOYMENT; NOTIFICATION
REQUIREMENT.
new text end

new text begin (a) When a deploying parent returns from deployment and a custodial responsibility
order concerning the deploying parent's child has been previously issued by the court, the
deploying parent or the appropriate commanding officer must provide notice in a record
regarding the return of a deploying parent from deployment as provided in this section.
new text end

new text begin (b) The notice must be given not later than seven days after the deploying parent or the
appropriate commanding officer receives the deploying parent's conclusion of service order
or a letter from the deploying parent's command, on command letterhead, stating that the
deploying parent has concluded service, unless the deploying parent and the commanding
officer are reasonably prevented from doing so by the circumstances of the return from
deployment. If the circumstances of the return from deployment prevent giving notification
within seven days of receiving the deploying parent's conclusion of service order or a letter
from the deploying parent's command, on command letterhead, stating that the deploying
parent has concluded service, the deploying parent or the appropriate commanding officer
must give the notification of return from deployment as soon as reasonably possible.
new text end

new text begin (c) The notice of return from deployment must include the following:
new text end

new text begin (1) the names of both parents;
new text end

new text begin (2) the names of each child of the parents;
new text end

new text begin (3) the case number and the heading of the case concerning the custodial
responsibility or child support of the child;
new text end

new text begin (4) the IV-D number, if applicable; and
new text end

new text begin (5) the date of the deployed parent's return from deployment.
new text end

new text begin (d) The notice of return from deployment must be accompanied by the following:
new text end

new text begin (1) the conclusion of the deploying parent's service in that parent's service orders;
new text end

new text begin (2) the conclusion of the deploying parent's service as specified in that parent's
command service orders; or
new text end

new text begin (3) a letter from the deploying parent's command, on command letterhead, stating
that the deploying parent has concluded service.
new text end

new text begin (e) The notice of return from deployment must be filed with the court and served
by mail upon:
new text end

new text begin (1) the other parent of the child;
new text end

new text begin (2) a nonparent who was granted custodial responsibility; and
new text end

new text begin (3) the county attorney, if a IV-D case.
new text end

new text begin (f) If a court order currently in effect prohibits disclosure of the address or contact
information of the other parent, notification of return from deployment under this section
may be made only to the issuing court. If the address of the other parent is available to the
issuing court, the court shall forward the notification to the other parent. The court shall
keep confidential the address or contact information of the other parent.
new text end

new text begin (g) Notification in a record under this section is not required if the parents are living
in the same residence immediately after the return from deployment and both parents have
actual notice of the return from deployment.
new text end

Sec. 3.

new text begin [518E.402] CONSENT PROCEDURE FOR TERMINATING GRANT OF
CUSTODIAL RESPONSIBILITY ESTABLISHED BY COURT ORDER.
new text end

new text begin At any time after a deploying parent returns from deployment, the deploying parent
and the other parent may file with the court an agreement to terminate an order for
custodial responsibility issued under sections 518E.301 to 518E.311. After an agreement
has been filed, the court shall issue an order terminating the order effective on the date
specified in the agreement. If a date is not specified, the order is effective immediately.
new text end

Sec. 4.

new text begin [518E.403] VISITATION BEFORE TERMINATION OF GRANT OF
CUSTODIAL RESPONSIBILITY.
new text end

new text begin After a deploying parent returns from deployment until an agreement or order for
custodial responsibility established under sections 518E.201 to 518E.205 or 518E.301
to 518E.311 is terminated, the court shall issue an order granting the deploying parent
reasonable contact with the child unless it is contrary to the best interest of the child,
even if the time of contact exceeds the time the deploying parent spent with the child
before deployment.
new text end

Sec. 5.

new text begin [518E.404] TERMINATION BY OPERATION OF LAW OF GRANT OF
CUSTODIAL RESPONSIBILITY ESTABLISHED BY COURT ORDER.
new text end

new text begin (a) If an agreement between the parties to terminate an order for custodial
responsibility under sections 518E.301 to 518E.311 has not been filed, the order terminates
60 days after the deploying parent or the appropriate commanding officer gives notice
as prescribed by section 518E.4011. If notice of return from deployment is not given as
provided in section 518E.4011, the order for custodial responsibility is terminated by
operation of law as of the date that the deploying parent's conclusion of service order is
issued, and the court shall address future custody and related matters accordingly.
new text end

new text begin (b) A proceeding seeking to prevent termination of an order for custodial
responsibility is governed by law of this state other than this chapter.
new text end

ARTICLE 6

MISCELLANEOUS PROVISIONS

Section 1.

new text begin [518E.501] UNIFORMITY OF APPLICATION AND
CONSTRUCTION.
new text end

new text begin In applying and construing this chapter, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
new text end

Sec. 2.

new text begin [518E.502] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT.
new text end

new text begin This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
National Commerce Act, United States Code, title 15, section 7001, et seq., but does not
modify, limit, or supersede section 101(c) of that act; United States Code, title 15, section
7001(c); or authorize electronic delivery of any of the notices described in section 103(b)
of that act, United States Code, title 15, section 7003(b).
new text end

Sec. 3.

new text begin [518E.503] SAVINGS CLAUSE.
new text end

new text begin This chapter does not affect the validity of a court order concerning custodial
responsibility during deployment which was entered before August 1, 2015.
new text end