Minnesota Session Laws - 1987, Regular Session

  

                         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