language to be deleted (2) new language
Laws of Minnesota 1987 CHAPTER 106-S.F.No. 1081 An act relating to custody; providing that evidence of domestic abuse is relevant to determinations of custody; amending Minnesota Statutes 1986, sections 518.17, subdivision 1; and 518B.01, by adding a subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1986, section 518.17, subdivision 1, is amended to read: Subdivision 1. [THE BEST INTERESTS OF THE CHILD.] "The best interests of the child" means all relevant factors to be considered and evaluated by the court including: (a) the wishes of the child's parent or parents as to custody; (b) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; (c) 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; (d) the child's adjustment to home, school, and community; (e) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (f) the permanence, as a family unit, of the existing or proposed custodial home; (g) the mental and physical health of all individuals involved; (h) 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;
and(i) the child's cultural background; and (j) 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. The court shall not consider conduct of a proposed custodian that does not affect the custodian's relationship to the child. Sec. 2. Minnesota Statutes 1986, section 518B.01, is amended by adding a subdivision to read: Subd. 17. [EFFECT ON CUSTODY PROCEEDINGS.] In a subsequent custody proceeding the court may consider, but is not bound by, a finding in a proceeding under this chapter that domestic abuse has occurred between the parties. Approved May 13, 1987
Copyright © 1987 by the Revisor of Statutes, State of Minnesota. All rights reserved.