Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 444-S.F.No. 3169
An act relating to family law; providing for parenting
plans; clarifying the procedure for obtaining custody
and parenting time when a recognition of parentage has
been executed; altering the standards for modifying
physical custody; changing certain terminology;
amending Minnesota Statutes 1998, sections 15.87;
119A.37; 124D.23, subdivision 8; 256L.01, subdivision
3a; 257.541; 257.75, subdivision 3; 257A.01,
subdivision 2; 257A.03, subdivision 2; 480.30,
subdivision 1; 494.015, subdivision 1; 517.08,
subdivision 1c; 518.003, subdivision 3, and by adding
a subdivision; 518.131, subdivisions 1, 2, 3, 7, and
by adding a subdivision; 518.156; 518.157,
subdivisions 1 and 3; 518.165, subdivision 1; 518.175,
subdivisions 1, 1a, 2, 3, 5, 6, and 8; 518.1751;
518.176, subdivision 2; 518.177; 518.179, subdivision
1; 518.18; 518.612; 518.619, subdivision 1; 518.68,
subdivisions 1 and 2; 518B.01, subdivisions 4, 6, and
8; 519.11, subdivision 1a; 609.26, subdivision 2;
629.341, subdivision 3; and 631.52, subdivision 1;
Minnesota Statutes 1999 Supplement, sections 119A.45;
257.66, subdivision 3; 494.03; 518.155; 518.165,
subdivision 2; 518.178; 518.551, subdivision 5;
609.26, subdivision 1; and 626.556, subdivision 2;
proposing coding for new law in Minnesota Statutes,
chapter 518.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
PARENTING PLANS AND PARENTING TIME
Section 1. Minnesota Statutes 1998, section 518.003, is
amended by adding a subdivision to read:
Subd. 5. [PARENTING TIME.] "Parenting time" means the time
a parent spends with a child regardless of the custodial
designation regarding the child.
Sec. 2. Minnesota Statutes 1998, section 518.131, is
amended by adding a subdivision to read:
Subd. 11. [TEMPORARY SUPPORT AND MAINTENANCE.] Temporary
support and maintenance may be ordered during the time a
parenting plan is being developed under section 518.1705.
Sec. 3. [518.1705] [PARENTING PLANS.]
Subdivision 1. [DEFINITION.] "Domestic abuse" for the
purposes of this section has the meaning given in section
518B.01, subdivision 2.
Subd. 2. [PLAN ELEMENTS.] (a) A parenting plan must
include the following:
(1) a schedule of the time each parent spends with the
child;
(2) a designation of decision-making responsibilities
regarding the child; and
(3) a method of dispute resolution.
(b) A parenting plan may include other issues and matters
the parents agree to regarding the child.
(c) Parents voluntarily agreeing to parenting plans may
substitute other terms for physical and legal custody, including
designations of joint or sole custody, provided that the terms
used in the substitution are defined in the parenting plan.
Subd. 3. [CREATING PARENTING PLAN; RESTRICTIONS ON
CREATION; ALTERNATIVE.] (a) Upon the request of both parents, a
parenting plan must be created in lieu of an order for child
custody and parenting time unless the court makes detailed
findings that the proposed plan is not in the best interests of
the child.
(b) If both parents do not agree to a parenting plan, the
court may create one on its own motion, except that the court
must not do so if it finds that a parent has committed domestic
abuse against a parent or child who is a party to, or subject
of, the matter before the court. If the court creates a
parenting plan on its own motion, it must not use alternative
terminology unless the terminology is agreed to by the parties.
(c) If an existing order does not contain a parenting plan,
the parents must not be required to create a parenting plan as
part of a modification order under section 518.64.
(d) A parenting plan must not be required during an action
under section 256.87.
(e) If the parents do not agree to a parenting plan and the
court does not create one on its own motion, orders for custody
and parenting time must be entered under sections 518.17 and
518.175 or section 257.541, as applicable.
Subd. 4. [CUSTODY DESIGNATION.] A final judgment and
decree that includes a parenting plan using alternate terms to
designate decision-making responsibilities or allocation of
residential time between the parents must designate whether the
parents have joint legal custody or joint physical custody or
which parent has sole legal custody or sole physical custody, or
both. This designation is solely for enforcement of the final
judgment and decree where this designation is required for that
enforcement and has no effect under the laws of this state, any
other state, or another country that do not require this
designation.
Subd. 5. [ROLE OF COURT.] If both parents agree to the use
of a parenting plan but are unable to agree on all terms, the
court may create a parenting plan under this section. If the
court is considering a parenting plan, it may require each
parent to submit a proposed parenting plan at any time before
entry of the final judgment and decree. If parents seek the
court's assistance in deciding the schedule for each parent's
time with the child or designation of decision-making
responsibilities regarding the child, the court may order an
evaluation and should consider the appointment of a guardian ad
litem. Parenting plans, whether entered on the court's own
motion, following a contested hearing, or reviewed by the court
pursuant to a stipulation, must be based on the best interests
factors in section 518.17 or 257.025, as applicable.
Subd. 6. [RESTRICTIONS ON PREPARATION OF PARENTING
PLAN.] (a) Dispute resolution processes other than the judicial
process may not be required in the preparation of a parenting
plan if a parent is alleged to have committed domestic abuse
toward a parent or child who is a party to, or subject of, the
matter before the court. In these cases, the court shall
consider the appointment of a guardian ad litem and a parenting
plan evaluator.
(b) The court may not require a parenting plan that
provides for joint legal custody or use of dispute resolution
processes, other than the judicial process, if the court finds
that section 518.179 applies or the court finds that either
parent has engaged in the following toward a parent or child who
is a party to, or subject of, the matter before the court:
(1) acts of domestic abuse, including physical harm, bodily
injury, and infliction of fear of physical harm, assault,
terroristic threats, or criminal sexual conduct;
(2) physical, sexual, or a pattern of emotional abuse of a
child; or
(3) willful abandonment that continues for an extended
period of time or substantial refusal to perform parenting
functions.
Subd. 7. [MOVING THE CHILD TO ANOTHER STATE.] Parents may
agree, but the court must not require, that in a parenting plan
the factors in section 518.17 or 257.025, as applicable, will
govern a decision concerning removal of a child's residence from
this state, provided that:
(1) both parents were represented by counsel when the
parenting plan was approved; or
(2) the court found the parents were fully informed, the
agreement was voluntary, and the parents were aware of its
implications.
Subd. 8. [ALLOCATION OF CERTAIN EXPENSES.] (a) Parents
creating a parenting plan are subject to the requirements of the
child support guidelines under section 518.551.
(b) Parents may include in the parenting plan an allocation
of expenses for the child. The allocation is an enforceable
contract between the parents.
Subd. 9. [MODIFICATION OF PARENTING PLANS.] (a) Parents
may modify the schedule of the time each parent spends with the
child or the decision-making provisions of a parenting plan by
agreement. To be enforceable, modifications must be confirmed
by court order. A motion to modify decision-making provisions
or the time each parent spends with the child may be made only
within the time limits provided by section 518.18.
(b) The parties may agree, but the court must not require
them, to apply the best interests standard in section 518.17 or
257.025, as applicable, for deciding a motion for modification
that would change the child's primary residence, provided that:
(1) both parties were represented by counsel when the
parenting plan was approved; or
(2) the court found the parties were fully informed, the
agreement was voluntary, and the parties were aware of its
implications.
(c) If the parties do not agree to apply the best interests
standard, section 518.18, paragraph (d), applies.
Sec. 4. Minnesota Statutes 1998, section 518.175,
subdivision 5, is amended to read:
Subd. 5. [MODIFICATION OF VISITATION PARENTING PLAN OR
ORDER FOR PARENTING TIME.] If modification would serve the best
interests of the child, the court shall modify the
decision-making provisions of a parenting plan or an order
granting or denying visitation rights whenever modification
would serve the best interests of the child parenting time, if
the modification would not change the child's primary residence.
Except as provided in section 631.52, the court may not restrict
visitation rights parenting time unless it finds that:
(1) the visitation parenting time is likely to endanger the
child's physical or emotional health or impair the child's
emotional development; or
(2) the noncustodial parent has chronically and
unreasonably failed to comply with court-ordered visitation
parenting time.
If the custodial parent makes specific allegations that
visitation parenting time places the custodial parent or child
in danger of harm, the court shall hold a hearing at the
earliest possible time to determine the need to modify the order
granting visitation rights parenting time. Consistent with
subdivision 1a, the court may require a third party, including
the local social services agency, to supervise the visitation
parenting time or may restrict a parent's visitation
rights parenting time if necessary to protect the custodial
parent or child from harm. In addition, if there is an existing
order for protection governing the parties, the court shall
consider the use of an independent, neutral exchange location
for parenting time.
Sec. 5. Minnesota Statutes 1998, section 518.18, is
amended to read:
518.18 [MODIFICATION OF ORDER.]
(a) Unless agreed to in writing by the parties, no motion
to modify a custody order or parenting plan may be made earlier
than one year after the date of the entry of a decree of
dissolution or legal separation containing a provision dealing
with custody, except in accordance with paragraph (c).
(b) If a motion for modification has been heard, whether or
not it was granted, unless agreed to in writing by the parties
no subsequent motion may be filed within two years after
disposition of the prior motion on its merits, except in
accordance with paragraph (c).
(c) The time limitations prescribed in paragraphs (a) and
(b) shall not prohibit a motion to modify a custody order or
parenting plan if the court finds that there is persistent and
willful denial or interference with visitation parenting time,
or has reason to believe that the child's present environment
may endanger the child's physical or emotional health or impair
the child's emotional development.
(d) If the court has jurisdiction to determine child
custody matters, the court shall not modify a prior custody
order or a parenting plan provision which specifies the child's
primary residence unless it finds, upon the basis of facts,
including unwarranted denial of, or interference with, a duly
established visitation parenting time schedule, that have arisen
since the prior order or that were unknown to the court at the
time of the prior order, that a change has occurred in the
circumstances of the child or the parties and that the
modification is necessary to serve the best interests of the
child. In applying these standards the court shall retain the
custody arrangement or the parenting plan provision specifying
the child's primary residence that was established by the prior
order unless:
(i) the court finds that a change in the custody
arrangement or primary residence is in the best interests of the
child and the parties previously agreed, in a writing approved
by a court, to apply the best interests standard in section
518.17 or 257.025, as applicable; and, with respect to
agreements approved by a court on or after the effective date of
this clause, both parties were represented by counsel when the
agreement was approved or the court found the parties were fully
informed, the agreement was voluntary, and the parties were
aware of its implications;
(ii) both parties agree to the modification;
(ii) (iii) the child has been integrated into the family of
the petitioner with the consent of the other party; or
(iii) (iv) the child's present environment endangers the
child's physical or emotional health or impairs the child's
emotional development and the harm likely to be caused by a
change of environment is outweighed by the advantage of a change
to the child.
In addition, a court may modify a custody order or
parenting plan under section 631.52.
(e) In deciding whether to modify a prior joint custody
order, the court shall apply the standards set forth in
paragraph (d) unless: (1) the parties agree in writing to the
application of a different standard, or (2) the party seeking
the modification is asking the court for permission to move the
residence of the child to another state.
(f) If a custodial parent has been granted sole physical
custody of a minor and the child subsequently lives with the
noncustodial parent, and temporary sole physical custody has
been approved by the court or by a court-appointed referee, the
court may suspend the noncustodial parent's child support
obligation pending the final custody determination. The court's
order denying the suspension of child support must include a
written explanation of the reasons why continuation of the child
support obligation would be in the best interests of the child.
Sec. 6. [518.183] [REPLACING CERTAIN ORDERS.]
Upon request of both parties the court must modify an order
entered under section 518.17 or 518.175 before the effective
date of this act by entering a parenting plan that complies with
section 518.1705, unless the court makes detailed findings that
entering a parenting plan is not in the best interests of the
child. If only one party makes the request, the court may
modify the order by entering a parenting plan that complies with
section 518.1705. The court must apply the standards in section
518.18 when considering a motion to enter a parenting plan that
would change the child's primary residence. The court must
apply the standards in section 518.17 when considering a motion
to enter a parenting plan that would:
(1) change decision-making responsibilities of the parents;
or
(2) change the time each parent spends with the child, but
not change the child's primary residence.
Sec. 7. Minnesota Statutes 1998, section 518B.01,
subdivision 6, is amended to read:
Subd. 6. [RELIEF BY THE COURT.] (a) Upon notice and
hearing, the court may provide relief as follows:
(1) restrain the abusing party from committing acts of
domestic abuse;
(2) exclude the abusing party from the dwelling which the
parties share or from the residence of the petitioner;
(3) exclude the abusing party from a reasonable area
surrounding the dwelling or residence, which area shall be
described specifically in the order;
(4) award temporary custody or establish temporary
visitation parenting time with regard to minor children of the
parties on a basis which gives primary consideration to the
safety of the victim and the children. Except for cases in
which custody is contested, findings under section 257.025,
518.17, or 518.175 are not required. If the court finds that
the safety of the victim or the children will be jeopardized by
unsupervised or unrestricted visitation parenting time, the
court shall condition or restrict visitation parenting time as
to time, place, duration, or supervision, or deny
visitation parenting time entirely, as needed to guard the
safety of the victim and the children. The court's decision on
custody and visitation parenting time shall in no way delay the
issuance of an order for protection granting other reliefs
relief provided for in this section. The court must not enter a
parenting plan under section 518.1705 as part of an action for
an order for protection;
(5) on the same basis as is provided in chapter 518,
establish temporary support for minor children or a spouse, and
order the withholding of support from the income of the person
obligated to pay the support according to chapter 518;
(6) provide upon request of the petitioner counseling or
other social services for the parties, if married, or if there
are minor children;
(7) order the abusing party to participate in treatment or
counseling services;
(8) award temporary use and possession of property and
restrain one or both parties from transferring, encumbering,
concealing, or disposing of property except in the usual course
of business or for the necessities of life, and to account to
the court for all such transfers, encumbrances, dispositions,
and expenditures made after the order is served or communicated
to the party restrained in open court;
(9) exclude the abusing party from the place of employment
of the petitioner, or otherwise limit access to the petitioner
by the abusing party at the petitioner's place of employment;
(10) order the abusing party to pay restitution to the
petitioner;
(11) order the continuance of all currently available
insurance coverage without change in coverage or beneficiary
designation; and
(12) order, in its discretion, other relief as it deems
necessary for the protection of a family or household member,
including orders or directives to the sheriff, constable, or
other law enforcement or corrections officer as provided by this
section.
(b) Any relief granted by the order for protection shall be
for a fixed period not to exceed one year, except when the court
determines a longer fixed period is appropriate. When a referee
presides at the hearing on the petition, the order granting
relief becomes effective upon the referee's signature.
(c) An order granting the relief authorized in paragraph
(a), clause (1), may not be vacated or modified in a proceeding
for dissolution of marriage or legal separation, except that the
court may hear a motion for modification of an order for
protection concurrently with a proceeding for dissolution of
marriage upon notice of motion and motion. The notice required
by court rule shall not be waived. If the proceedings are
consolidated and the motion to modify is granted, a separate
order for modification of an order for protection shall be
issued.
(d) An order granting the relief authorized in paragraph
(a), clause (2) or (3), is not voided by the admittance of the
abusing party into the dwelling from which the abusing party is
excluded.
(e) If a proceeding for dissolution of marriage or legal
separation is pending between the parties, the court shall
provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for
inclusion in its file.
(f) An order for restitution issued under this subdivision
is enforceable as civil judgment.
Sec. 8. [EFFECTIVE DATE.]
Section 5, paragraph (d), clause (i), is effective the day
following final enactment, and applies to written agreements
approved by a court before, on, or after that date. The
remaining provisions of this article are effective January 1,
2001.
ARTICLE 2
CONFORMING TERMINOLOGY
Section 1. Minnesota Statutes 1998, section 15.87, is
amended to read:
15.87 [VICTIMS OF VIOLENCE.]
In furtherance of the state policy of zero tolerance for
violence in section 1.50, the state shall have a goal of
providing:
(1) every victim of violence in Minnesota, regardless of
the county of residence, access to necessary services,
including, but not limited to:
(i) crisis intervention services, including a 24-hour
emergency telephone line;
(ii) safe housing;
(iii) counseling and peer support services; and
(iv) assistance in pursuing legal remedies and appropriate
medical care; and
(2) every child who is a witness to abuse or who is a
victim of violence, access to necessary services, including, but
not limited to:
(i) crisis child care;
(ii) safe supervised child visitation parenting time or
independent, neutral exchange locations for parenting time, when
needed;
(iii) age appropriate counseling and support; and
(iv) assistance with legal remedies, medical care, and
needed social services.
Sec. 2. Minnesota Statutes 1998, section 119A.37, is
amended to read:
119A.37 [GRANTS FOR FAMILY VISITATION PARENTING TIME
CENTERS.]
Subdivision 1. [PURPOSE.] The commissioner shall issue a
request for proposals from existing local nonprofit,
nongovernmental, or governmental organizations, to use existing
local facilities as family visitation parenting time centers
which may also be used for visitation parenting time exchanges.
The commissioner shall award grants in amounts up to $50,000 for
the purpose of creating or maintaining family visitation
parenting time centers in an effort to reduce children's
vulnerability to violence and trauma related to family
visitation parenting time, where there has been a history of
domestic violence or abuse within the family. The commissioner
shall award the grants to provide the greatest possible number
of family visitation parenting time centers and to locate them
to provide for the broadest possible geographic distribution of
the centers throughout the state.
Each children's family visitation parenting time center
must use existing local facilities to provide a healthy
interactive environment for parents who are separated or
divorced and for parents with children in foster homes to visit
with their children. The centers must be available for use by
district courts who may order visitation parenting time to occur
at a family visitation parenting time center. The centers may
also be used as drop-off sites, so that parents who are under
court order to have no contact with each other can exchange
children for visitation parenting time at a neutral site. Each
center must provide sufficient security to ensure a
safe visitation parenting time environment for children and
their parents. A grantee must demonstrate the ability to
provide a 25 percent local match, which may include in-kind
contributions.
Subd. 2. [COUNTY INVOLVEMENT.] Each county or group of
counties is encouraged to provide supervised visitation
parenting time services in an effort to fill the gap in the
court system that orders supervised visitation parenting time
but does not provide a center to accomplish the
supervised visitation parenting time as ordered. Each county or
group of counties is encouraged to either financially contribute
to an existing family visitation parenting time center in the
area, or establish a new center if there is not one in the area,
possibly through county social services. In creating a new
center, the county may collaborate with other counties,
other family visitation parenting time centers, family services
collaboratives, court services, and any other entity or
organization. The goal is to provide family visitation
parenting time centers statewide. The county shall apply for
funding that may be available through the federal government,
specifically for family preservation or family reunification
purposes, or any other source of funding that will aid in
developing and maintaining this vital service.
Subd. 3. [FUNDING.] The commissioner may award grants to
create or maintain family visitation parenting time centers.
In awarding grants to maintain a family visitation
parenting time center, the commissioner may award a grant to a
center that can demonstrate a 35 percent local match, provided
the center is diligently exploring and pursuing all available
funding options in an effort to become self-sustaining, and
those efforts are reported to the commissioner.
In awarding grants to create a family visitation parenting
time center, the commissioner shall give priority to:
(1) areas of the state where no other family visitation
parenting time center or similar facility exists;
(2) applicants who demonstrate that private funding for the
center is available and will continue; and
(3) facilities that are adapted for use to care for
children, such as day care centers, religious institutions,
community centers, schools, technical colleges, parenting
resource centers, and child care referral services.
In awarding grants to create or maintain a family
visitation parenting time center, the commissioner shall require
the proposed center to meet standards developed by the
commissioner to ensure the safety of the custodial parent and
children.
Subd. 4. [ADDITIONAL SERVICES.] Each family visitation
parenting time center may provide parenting and child
development classes, and offer support groups to participating
custodial parents and hold regular classes designed to assist
children who have experienced domestic violence and abuse. Each
family visitation parenting time center must have available an
individual knowledgeable about or experienced in the provision
of services to battered women on its staff, its board of
directors, or otherwise available to it for consultation.
Subd. 5. [ADMINISTRATION.] In administering the grants
authorized by this section, the commissioner shall ensure that
the term "family visitation parenting time center" is used in
all future applications, publicity releases, requests for
proposals, and other materials of like nature. Materials
published prior to the enactment of this legislation which use
different terms may be distributed by the commissioner until
supplies are gone.
Sec. 3. Minnesota Statutes 1999 Supplement, section
119A.45, is amended to read:
119A.45 [EARLY CHILDHOOD LEARNING AND CHILD PROTECTION
FACILITIES.]
The commissioner may make grants to state agencies and
political subdivisions to construct or rehabilitate facilities
for early childhood programs, with priority to centers in
counties or municipalities with the highest percentage of
children living in poverty. The commissioner may also make
grants to state agencies and political subdivisions to construct
or rehabilitate facilities for crisis nurseries or child
visitation parenting time centers. The facilities must be owned
by the state or a political subdivision, but may be leased under
section 16A.695 to organizations that operate the programs. The
commissioner must prescribe the terms and conditions of the
leases. A grant for an individual facility must not exceed
$200,000 for each program that is housed in the facility, up to
a maximum of $500,000 for a facility that houses three programs
or more. Programs include Head Start, early childhood and
family education programs, and other early childhood
intervention programs. The commissioner must give priority to
grants that involve collaboration among sponsors of programs
under this section and may give priority to projects that
collaborate with child care providers, including all-day and
school-age child care programs, special needs care, sick child
care, and nontraditional hour care. The commissioner may give
priority to grants for programs that will increase their child
care workers' wages as a result of the grant. At least 25
percent of the amounts appropriated for these grants up to
$50,000 must utilize youthbuild under sections 268.361 to
268.366 or other youth employment and training programs for the
labor portion of the construction. Eligible programs must
consult with appropriate labor organizations to deliver
education and training. State appropriations must be matched on
a 50 percent basis with nonstate funds. The matching
requirement must apply programwide and not to individual grants.
Sec. 4. Minnesota Statutes 1998, section 124D.23,
subdivision 8, is amended to read:
Subd. 8. [PLAN APPROVAL BY THE CHILDREN'S CABINET.] (a)
The children's cabinet must approve local plans for
collaboratives. In approving local plans, the children's
cabinet must give highest priority to a plan that provides:
(1) early intervention and family outreach services;
(2) family visitation parenting time services;
(3) a continuum of services for children from birth to age
18;
(4) family preservation services;
(5) culturally sensitive approaches for delivering services
and utilizing culturally specific organizations;
(6) clearly defined outcomes and valid methods of
assessment;
(7) effective service coordination;
(8) participation by the maximum number of jurisdictions
and local, county, and state funding sources;
(9) integrated community service providers and local
resources;
(10) integrated transportation services;
(11) integrated housing services; and
(12) coordinated services that include a children's mental
health collaborative authorized by law.
(b) The children's cabinet must ensure that the
collaboratives established under this section do not conflict
with any state or federal policy or program and do not
negatively impact the state budget.
Sec. 5. Minnesota Statutes 1998, section 256L.01,
subdivision 3a, is amended to read:
Subd. 3a. [FAMILY WITH CHILDREN.] (a) "Family with
children" means:
(1) parents, their children, and dependent siblings
residing in the same household; or
(2) grandparents, foster parents, relative caretakers as
defined in the medical assistance program, or legal guardians;
their wards who are children; and dependent siblings residing in
the same household.
(b) The term includes children and dependent siblings who
are temporarily absent from the household in settings such as
schools, camps, or visitation parenting time with noncustodial
parents.
(c) For purposes of this subdivision, a dependent sibling
means an unmarried child who is a full-time student under the
age of 25 years who is financially dependent upon a parent,
grandparent, foster parent, relative caretaker, or legal
guardian. Proof of school enrollment is required.
Sec. 6. Minnesota Statutes 1998, section 257.541, is
amended to read:
257.541 [CUSTODY AND VISITATION OF PARENTING TIME WITH
CHILDREN BORN OUTSIDE OF MARRIAGE.]
Subdivision 1. [MOTHER'S RIGHT TO CUSTODY.] The biological
mother of a child born to a mother who was not married to the
child's father neither when the child was born nor and was not
married to the child's father when the child was conceived has
sole custody of the child until paternity has been established
under sections 257.51 to 257.74, or until custody is determined
in a separate proceeding under section 518.156.
Subd. 2. [FATHER'S RIGHT TO VISITATION PARENTING TIME AND
CUSTODY.] (a) If paternity has been acknowledged under section
257.34 and paternity has been established under sections 257.51
to 257.74, the father's rights of visitation parenting time or
custody are determined under sections 518.17 and 518.175.
(b) If paternity has not been acknowledged under section
257.34 and paternity has been established under sections 257.51
to 257.74, the biological father may petition for rights of
visitation parenting time or custody in the paternity proceeding
or in a separate proceeding under section 518.156.
Subd. 3. [FATHER'S RIGHT TO VISITATION PARENTING TIME AND
CUSTODY; RECOGNITION OF PATERNITY.] If paternity has been
recognized under section 257.75, the father may petition for
rights of visitation parenting time or custody in an independent
action under section 518.156. The proceeding must be treated as
an initial determination of custody under section 518.17. The
provisions of chapter 518 apply with respect to the granting of
custody and visitation parenting time. An action to determine
custody and parenting time may be commenced pursuant to chapter
518 without an adjudication of parentage. These proceedings may
not be combined with any proceeding under chapter 518B.
Sec. 7. Minnesota Statutes 1999 Supplement, section
257.66, subdivision 3, is amended to read:
Subd. 3. [JUDGMENT; ORDER.] The judgment or order shall
contain provisions concerning the duty of support, the custody
of the child, the name of the child, the social security number
of the mother, father, and child, if known at the time of
adjudication, visitation privileges parenting time with the
child, the furnishing of bond or other security for the payment
of the judgment, or any other matter in the best interest of the
child. Custody and visitation parenting time and all subsequent
motions related to them shall proceed and be determined under
section 257.541. The remaining matters and all subsequent
motions related to them shall proceed and be determined in
accordance with chapter 518. The judgment or order may direct
the appropriate party to pay all or a proportion of the
reasonable expenses of the mother's pregnancy and confinement,
including the mother's lost wages due to medical necessity,
after consideration of the relevant facts, including the
relative financial means of the parents; the earning ability of
each parent; and any health insurance policies held by either
parent, or by a spouse or parent of the parent, which would
provide benefits for the expenses incurred by the mother during
her pregnancy and confinement. Pregnancy and confinement
expenses and genetic testing costs, submitted by the public
authority, are admissible as evidence without third-party
foundation testimony and constitute prima facie evidence of the
amounts incurred for those services or for the genetic testing.
Remedies available for the collection and enforcement of child
support apply to confinement costs and are considered additional
child support.
Sec. 8. Minnesota Statutes 1998, section 257.75,
subdivision 3, is amended to read:
Subd. 3. [EFFECT OF RECOGNITION.] Subject to subdivision 2
and section 257.55, subdivision 1, paragraph (g) or (h), the
recognition has the force and effect of a judgment or order
determining the existence of the parent and child relationship
under section 257.66. If the conditions in section 257.55,
subdivision 1, paragraph (g) or (h), exist, the recognition
creates only a presumption of paternity for purposes of sections
257.51 to 257.74. Once a recognition has been properly executed
and filed with the state registrar of vital statistics, if there
are no competing presumptions of paternity, a judicial or
administrative court may not allow further action to determine
parentage regarding the signator of the recognition. An action
to determine custody and parenting time may be commenced
pursuant to chapter 518 without an adjudication of parentage.
Until an order is entered granting custody to another, the
mother has sole custody. The recognition is:
(1) a basis for bringing an action to award custody or
visitation rights parenting time to either parent, establishing
a child support obligation which may include up to the two years
immediately preceding the commencement of the action, ordering a
contribution by a parent under section 256.87, or ordering a
contribution to the reasonable expenses of the mother's
pregnancy and confinement, as provided under section 257.66,
subdivision 3, or ordering reimbursement for the costs of blood
or genetic testing, as provided under section 257.69,
subdivision 2;
(2) determinative for all other purposes related to the
existence of the parent and child relationship; and
(3) entitled to full faith and credit in other
jurisdictions.
Sec. 9. Minnesota Statutes 1998, section 257A.01,
subdivision 2, is amended to read:
Subd. 2. [CONSENTS AND NOTICE REQUIRED.] (a) The agreement
must be executed by all parents with legal custody of the child
and must have the consent of every parent who has
court-ordered visitation parenting time rights to the child. As
soon as practicable after executing an agreement, a copy of the
agreement must be given to every child age 14 or older to whom
the agreement applies.
(b) Consent of a parent required under paragraph (a) may be
given in writing or may be established by mailing a notice
regarding the designated caregiver agreement to the parent's
last known address. The notice must include the name of the
proposed designated caregiver and inform the parent whose
consent is required that the parent's consent to the agreement
will be implied if the parent does not object within 30 days.
If the parent does not object to the agreement orally or in
writing within 30 days, the consent of the parent is implied.
Sec. 10. Minnesota Statutes 1998, section 257A.03,
subdivision 2, is amended to read:
Subd. 2. [NOTICE TO NONCUSTODIAL PARENT; RIGHTS.] (a) As
soon as practicable after assuming care of a child, the
designated caregiver shall notify any noncustodial parent that
the designated caregiver has assumed care of the child.
(b) Court-ordered visitation parenting time rights of a
noncustodial parent continue while the child is in the care of
the designated caregiver, unless otherwise modified by the
court. A designated caregiver agreement does not affect the
right of a parent without physical custody to bring a custody
motion under chapter 518. If a parent with legal custody is not
the designated caregiver, the parent may bring a motion for
temporary physical custody, which may continue until the parent
with physical custody is able to resume care of the child. The
court shall award that parent temporary physical custody unless
it finds it would not be in the best interests of the child.
Sec. 11. Minnesota Statutes 1998, section 480.30,
subdivision 1, is amended to read:
Subdivision 1. [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.]
The supreme court's judicial education program must include
ongoing training for district court judges on child and
adolescent sexual abuse, domestic abuse, harassment, stalking,
and related civil and criminal court issues. The program must
include the following:
(1) information about the specific needs of victims;
(2) education on the causes of sexual abuse and family
violence;
(3) education on culturally responsive approaches to
serving victims;
(4) education on the impacts of domestic abuse and domestic
abuse allegations on children and the importance of considering
these impacts when making visitation parenting time and child
custody decisions under chapter 518; and
(5) information on alleged and substantiated reports of
domestic abuse, including, but not limited to, department of
human services survey data.
The program also must emphasize the need for the
coordination of court and legal victim advocacy services and
include education on sexual abuse and domestic abuse programs
and policies within law enforcement agencies and prosecuting
authorities as well as the court system.
Sec. 12. Minnesota Statutes 1998, section 494.015,
subdivision 1, is amended to read:
Subdivision 1. [GUIDELINES.] The state court administrator
shall adopt guidelines for use by community dispute resolution
programs and training programs for mediators and arbitrators for
the community dispute resolution programs. The guidelines must
include provisions to ensure that participation in dispute
resolution is voluntary, procedures for case processing, and
program certification criteria that must be met to receive court
referrals. The guidelines must include:
(1) standards for training mediators and arbitrators to
recognize matters involving violence against a person; and
(2) training in family law matters that must be completed
by mediators before acceptance of postdissolution property
distribution matters and postdissolution visitation parenting
time matters.
Sec. 13. Minnesota Statutes 1999 Supplement, section
494.03, is amended to read:
494.03 [EXCLUSIONS.]
The guidelines shall exclude:
(1) any dispute involving violence against persons, in
which incidents arising out of situations that would support
charges under sections 609.221 to 609.2231, 609.342 to 609.345,
609.365, or any other felony charges;
(2) any matter involving competency or civil commitment;
(3) any matter involving a person who has been adjudicated
incompetent or relating to guardianship or conservatorship
unless the incompetent person is accompanied by a competent
advocate or the respondent in a guardianship or conservatorship
matter is represented by an attorney, guardian ad litem, or
other representative appointed by the court;
(4) any matter involving neglect or dependency, or
involving termination of parental rights arising under sections
260C.301 to 260C.328; and
(5) any matter arising under section 626.557 or sections
144.651 to 144.652, or any dispute subject to chapters 518 and
518B, whether or not an action is pending, except for
postdissolution property distribution matters and
postdissolution visitation parenting time matters. This shall
not restrict the present authority of the court or departments
of the court from accepting for resolution a dispute arising
under chapters 518 and 518B, or from referring disputes arising
under chapters 518 and 518A to for-profit mediation.
Sec. 14. Minnesota Statutes 1998, section 517.08,
subdivision 1c, is amended to read:
Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage
license fee collected pursuant to subdivision 1b, the court
administrator shall pay $55 to the state treasurer to be
deposited as follows:
(1) $50 in the general fund;
(2) $3 in the special revenue fund to be appropriated to
the commissioner of children, families, and learning for
supervised visitation parenting time facilities under section
119A.37; and
(3) $2 in the special revenue fund to be appropriated to
the commissioner of health for developing and implementing the
MN ENABL program under section 145.9255.
Sec. 15. Minnesota Statutes 1998, section 518.003,
subdivision 3, is amended to read:
Subd. 3. [CUSTODY.] Unless otherwise agreed by the parties:
(a) "Legal custody" means the right to determine the
child's upbringing, including education, health care, and
religious training.
(b) "Joint legal custody" means that both parents have
equal rights and responsibilities, including the right to
participate in major decisions determining the child's
upbringing, including education, health care, and religious
training.
(c) "Physical custody and residence" means the routine
daily care and control and the residence of the child.
(d) "Joint physical custody" means that the routine daily
care and control and the residence of the child is structured
between the parties.
(e) Wherever used in this chapter, the term "custodial
parent" or "custodian" means the person who has the physical
custody of the child at any particular time.
(f) "Custody determination" means a court decision and
court orders and instructions providing for the custody of a
child, including visitation rights parenting time, but does not
include a decision relating to child support or any other
monetary obligation of any person.
(g) "Custody proceeding" includes proceedings in which a
custody determination is one of several issues, such as an
action for dissolution, divorce, or separation, and includes
proceedings involving children who are in need of protection or
services, domestic abuse, and paternity.
Sec. 16. Minnesota Statutes 1998, section 518.131,
subdivision 1, is amended to read:
Subdivision 1. In a proceeding brought for custody,
dissolution, or legal separation, or for disposition of
property, maintenance, or child support following the
dissolution of a marriage, either party may, by motion, request
from the court and the court may grant a temporary order pending
the final disposition of the proceeding to or for:
(a) Temporary custody and visitation rights of parenting
time regarding the minor children of the parties;
(b) Temporary maintenance of either spouse;
(c) Temporary child support for the children of the
parties;
(d) Temporary costs and reasonable attorney fees;
(e) Award the temporary use and possession, exclusive or
otherwise, of the family home, furniture, household goods,
automobiles, and other property of the parties;
(f) Restrain one or both parties from transferring,
encumbering, concealing, or disposing of property except in the
usual course of business or for the necessities of life, and to
account to the court for all such transfers, encumbrances,
dispositions, and expenditures made after the order is served or
communicated to the party restrained in open court;
(g) Restrain one or both parties from harassing, vilifying,
mistreating, molesting, disturbing the peace, or restraining the
liberty of the other party or the children of the parties;
(h) Restrain one or both parties from removing any minor
child of the parties from the jurisdiction of the court;
(i) Exclude a party from the family home of the parties or
from the home of the other party; and
(j) Require one or both of the parties to perform or to not
perform such additional acts as will facilitate the just and
speedy disposition of the proceeding, or will protect the
parties or their children from physical or emotional harm.
Sec. 17. Minnesota Statutes 1998, section 518.131,
subdivision 2, is amended to read:
Subd. 2. No temporary order shall:
(a) Deny visitation rights parenting time to a noncustodial
parent unless the court finds that visitation parenting time by
the noncustodial parent is likely to cause physical or emotional
harm to the child;
(b) Exclude a party from the family home of the parties
unless the court finds that physical or emotional harm to one of
the parties or to the children of the parties is likely to
result, or that the exclusion is reasonable in the
circumstances; or
(c) Vacate or modify an order granted under section
518B.01, subdivision 6, paragraph (a), clause (1), restraining
an abusing party from committing acts of domestic abuse, except
that the court may hear a motion for modification of an order
for protection concurrently with a proceeding for dissolution of
marriage upon notice of motion and motion. The notice required
by court rule shall not be waived. If the proceedings are
consolidated and the motion to modify is granted, a separate
order for modification of an order for protection shall be
issued.
Sec. 18. Minnesota Statutes 1998, section 518.131,
subdivision 3, is amended to read:
Subd. 3. A party may request and the court may make an ex
parte restraining order which may include any matter that may be
included in a temporary order except:
(a) A restraining order may not exclude either party from
the family home of the parties except upon a finding by the
court of immediate danger of physical harm to the other party or
the children of either party; and
(b) A restraining order may not deny visitation parenting
time to either party or grant custody of the minor children to
either party except upon a finding by the court of immediate
danger of physical harm to the minor children of the parties.
Sec. 19. Minnesota Statutes 1998, section 518.131,
subdivision 7, is amended to read:
Subd. 7. The court shall be guided by the factors set
forth in sections 518.551 (concerning child support), 518.552
(concerning maintenance), 518.17 to 518.175 (concerning custody
and visitation parenting time), and 518.14 (concerning costs and
attorney fees) in making temporary orders and restraining orders.
Sec. 20. Minnesota Statutes 1999 Supplement, section
518.155, is amended to read:
518.155 [CUSTODY DETERMINATIONS.]
Notwithstanding any law to the contrary, a court in which a
proceeding for dissolution, legal separation, or child custody
has been commenced shall not issue, revise, modify or amend any
order, pursuant to sections 518.131, 518.165, 518.168, 518.17,
518.175 or 518.18, which affects the custody of a minor child or
the visitation rights parenting time of a noncustodial parent
unless the court has jurisdiction over the matter pursuant to
the provisions of chapter 518D.
Sec. 21. Minnesota Statutes 1998, section 518.156, is
amended to read:
518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.]
Subdivision 1. [PROCEDURE.] In a court of this state which
has jurisdiction to decide child custody matters, a child
custody proceeding is commenced:
(a) by a parent
(1) by filing a petition for dissolution or legal
separation; or
(2) where a decree of dissolution or legal separation has
been entered or where none is sought, or when paternity has been
recognized under section 257.75, by filing a petition or motion
seeking custody or visitation of parenting time with the child
in the county where the child is permanently resident or where
the child is found or where an earlier order for custody of the
child has been entered; or
(b) by a person other than a parent, where a decree of
dissolution or legal separation has been entered or where none
is sought by filing a petition or motion seeking custody or
visitation of the child in the county where the child is
permanently resident or where the child is found or where an
earlier order for custody of the child has been entered. A
person seeking visitation pursuant to this paragraph must
qualify under one of the provisions of section 257.022.
Subd. 2. [REQUIRED NOTICE.] Written notice of a child
custody or parenting time or visitation proceeding shall be
given to the child's parent, guardian, and custodian, who may
appear and be heard and may file a responsive pleading. The
court may, upon a showing of good cause, permit the intervention
of other interested parties.
Sec. 22. Minnesota Statutes 1998, section 518.157,
subdivision 1, is amended to read:
Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.] By
January 1, 1998, the chief judge of each judicial district or a
designee shall implement one or more parent education programs
within the judicial district for the purpose of educating
parents about the impact that divorce, the restructuring of
families, and judicial proceedings have upon children and
families; methods for preventing visitation parenting time
conflicts; and dispute resolution options. The chief judge of
each judicial district or a designee may require that children
attend a separate education program designed to deal with the
impact of divorce upon children as part of the parent education
program. Each parent education program must enable persons to
have timely and reasonable access to education sessions.
Sec. 23. Minnesota Statutes 1998, section 518.157,
subdivision 3, is amended to read:
Subd. 3. [ATTENDANCE.] In a proceeding under this chapter
or sections 257.51 to 257.75 where custody or visitation
parenting time is contested, the parents of a minor child shall
attend an orientation and education program that meets the
minimum standards promulgated by the Minnesota supreme court.
In all other proceedings involving custody, support,
or visitation parenting time the court may order the parents of
a minor child to attend a parent education program. The program
shall provide the court with names of persons who fail to attend
the parent education program as ordered by the court. Persons
who are separated or contemplating involvement in a dissolution,
paternity, custody, or visitation parenting time proceeding may
attend a parent education program without a court order.
Participation in a parent education program must occur as early
as possible. Parent education programs must offer an
opportunity to participate at all phases of a pending or
postdecree proceeding. Upon request of a party and a showing of
good cause, the court may excuse the party from attending the
program. If past or present domestic abuse, as defined in
chapter 518B, is alleged, the court shall not require the
parties to attend the same parent education sessions and shall
enter an order setting forth the manner in which the parties may
safely participate in the program.
Sec. 24. Minnesota Statutes 1998, section 518.165,
subdivision 1, is amended to read:
Subdivision 1. [PERMISSIVE APPOINTMENT OF GUARDIAN AD
LITEM.] In all proceedings for child custody or for dissolution
or legal separation where custody or visitation of parenting
time with a minor child is in issue, the court may appoint a
guardian ad litem from a panel established by the court to
represent the interests of the child. The guardian ad litem
shall advise the court with respect to custody, support,
and visitation parenting time.
Sec. 25. Minnesota Statutes 1999 Supplement, section
518.165, subdivision 2, is amended to read:
Subd. 2. [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In
all proceedings for child custody or for marriage dissolution or
legal separation in which custody or visitation of parenting
time with a minor child is an issue, if the court has reason to
believe that the minor child is a victim of domestic child abuse
or neglect, as those terms are defined in sections 260C.007 and
626.556, respectively, the court shall appoint a guardian ad
litem. The guardian ad litem shall represent the interests of
the child and advise the court with respect to custody, support,
and visitation parenting time. If the child is represented by a
guardian ad litem in any other pending proceeding, the court may
appoint that guardian to represent the child in the custody
or visitation parenting time proceeding. No guardian ad litem
need be appointed if the alleged domestic child abuse or neglect
is before the court on a juvenile dependency and neglect
petition. Nothing in this subdivision requires the court to
appoint a guardian ad litem in any proceeding for child custody,
marriage dissolution, or legal separation in which an allegation
of domestic child abuse or neglect has not been made.
Sec. 26. Minnesota Statutes 1998, 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 rights of visitation parenting time on behalf
of the child and noncustodial parent as will enable the child
and the noncustodial parent to maintain a child to parent
relationship that will be in the best interests of the child.
If the court finds, after a hearing, that visitation parenting
time is likely to endanger the child's physical or emotional
health or impair the child's emotional development, the court
shall restrict visitation by parenting time with the
noncustodial parent as to time, place, duration, or supervision
and may deny visitation parenting time entirely, as the
circumstances warrant. The court shall consider the age of the
child and the child's relationship with the noncustodial parent
prior to the commencement of the proceeding. A parent's failure
to pay support because of the parent's inability to do so shall
not be sufficient cause for denial of visitation parenting time.
(b) The court may provide that a law enforcement officer or
other appropriate person will accompany a party seeking to
enforce or comply with visitation parenting time.
(c) Upon request of either party, to the extent practicable
a visitation an order for parenting time must include a specific
schedule for visitation parenting time, including the frequency
and duration of visitation and visitation during holidays and
vacations, unless visitation parenting time is restricted,
denied, or reserved.
(d) The court administrator shall provide a form for a pro
se motion regarding visitation 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 visitation 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.
Sec. 27. Minnesota Statutes 1998, section 518.175,
subdivision 1a, is amended to read:
Subd. 1a. [DOMESTIC ABUSE; SUPERVISED VISITATION PARENTING
TIME.] (a) If a custodial parent requests supervised visitation
parenting time under subdivision 1 or 5 and an order for
protection under chapter 518B or a similar law of another state
is in effect against the noncustodial parent to protect the
custodial parent or the child, the judge or judicial officer
must consider the order for protection in making a decision
regarding visitation parenting time.
(b) The state court administrator, in consultation with
representatives of custodial and noncustodial parents and other
interested persons, shall develop standards to be met by persons
who are responsible for supervising visitation parenting time.
Either parent may challenge the appropriateness of an individual
chosen by the court to supervise visitation parenting time.
Sec. 28. Minnesota Statutes 1998, section 518.175,
subdivision 2, is amended to read:
Subd. 2. [RIGHTS OF CHILDREN AND NONCUSTODIAL PARENT.]
Upon the request of either parent, the court may inform any
child of the parties, if eight years of age or older, or
otherwise of an age of suitable comprehension, of the rights of
the child and the noncustodial parent under the order or decree
or any substantial amendment thereof. The custodial parent
shall present the child for visitation by parenting time with
the noncustodial parent, at such times as the court directs.
Sec. 29. Minnesota Statutes 1998, section 518.175,
subdivision 3, is amended to read:
Subd. 3. [MOVE TO ANOTHER STATE.] The custodial parent
shall not move the residence of the child to another state
except upon order of the court or with the consent of the
noncustodial parent, when the noncustodial parent has been given
visitation rights parenting time by the decree. If the purpose
of the move is to interfere with visitation rights parenting
time given to the noncustodial parent by the decree, the court
shall not permit the child's residence to be moved to another
state.
Sec. 30. Minnesota Statutes 1998, section 518.175,
subdivision 6, is amended to read:
Subd. 6. [REMEDIES.] (a) The court may provide for one or
more of the following remedies for denial of or interference
with court-ordered visitation parenting time as provided under
this subdivision. All visitation parenting time orders must
include notice of the provisions of this subdivision.
(b) If the court finds that a person has been deprived of
court-ordered visitation parenting time, the court shall order
the custodial parent to permit additional visits parenting time
to compensate for the visitation parenting time of which the
person was deprived or the court shall make specific findings as
to why a request for compensatory visitation parenting time is
denied. If compensatory visitation parenting time is awarded,
additional visits parenting time must be:
(1) at least of the same type and duration as the deprived
visit parenting time and, at the discretion of the court, may be
in excess of or of a different type than the deprived visit
parenting time;
(2) taken within one year after the deprived visit
parenting time; and
(3) at a time acceptable to the person deprived of
visitation parenting time.
(c) If the court finds that a party has wrongfully failed
to comply with a visitation parenting time order or a binding
agreement or decision under section 518.1751, the court may:
(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 visitation parenting
time order or binding agreement or decision of the visitation
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 visitation parenting time expeditor program in a
county with this program. In other counties, the civil penalty
must be deposited in the state general fund.
(d) If the court finds that a party has been denied
visitation parenting time and has incurred expenses in
connection with the denied visitation parenting time, the court
may require the party who denied visitation parenting time to
post a bond in favor of the other party in the amount of prepaid
expenses associated with an upcoming planned
visitation parenting time.
(e) Proof of an unwarranted denial of or interference with
duly established visitation parenting time may constitute
contempt of court and may be sufficient cause for reversal of
custody.
Sec. 31. Minnesota Statutes 1998, section 518.175,
subdivision 8, is amended to read:
Subd. 8. [CARE OF CHILD BY NONCUSTODIAL PARENT.] The court
may allow additional visitation parenting time to the
noncustodial parent to provide child care while the custodial
parent is working if this arrangement is reasonable and in the
best interests of the child, as defined in section 518.17,
subdivision 1. In addition, the court shall consider:
(1) the ability of the parents to cooperate;
(2) methods for resolving disputes regarding the care of
the child, and the parents' willingness to use those methods;
and
(3) whether domestic abuse, as defined in section 518B.01,
has occurred between the parties.
Sec. 32. Minnesota Statutes 1998, section 518.1751, is
amended to read:
518.1751 [VISITATION PARENTING TIME DISPUTE RESOLUTION.]
Subdivision 1. [VISITATION PARENTING TIME EXPEDITOR.] Upon
request of either party, the parties' stipulation, or upon the
court's own motion, the court may appoint a visitation parenting
time expeditor to resolve visitation parenting time disputes
that occur under a visitation parenting time order while a
matter is pending under this chapter, chapter 257 or 518A, or
after a decree is entered.
Subd. 1a. [EXCEPTIONS.] A party may not be required to
refer a visitation parenting time dispute to a visitation
parenting time expeditor under this section if:
(1) one of the parties claims to be the victim of domestic
abuse by the other party;
(2) the court determines there is probable cause that one
of the parties or a child of the parties has been physically
abused or threatened with physical abuse by the other party; or
(3) the party is unable to pay the costs of the expeditor,
as provided under subdivision 2a.
If the court is satisfied that the parties have been
advised by counsel and have agreed to use the visitation
parenting time expeditor process and the process does not
involve face-to-face meeting of the parties, the court may
direct that the visitation parenting time expeditor process be
used.
Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a
visitation parenting time expeditor is to resolve visitation
parenting time disputes by enforcing, interpreting, clarifying,
and addressing circumstances not specifically addressed by an
existing visitation parenting time order and, if appropriate, to
make a determination as to whether the existing visitation
parenting time order has been violated. A visitation parenting
time expeditor may be appointed to resolve a one-time visitation
parenting time dispute or to provide ongoing
visitation parenting time dispute resolution services.
(b) For purposes of this section, "visitation parenting
time dispute" means a disagreement among parties
about visitation parenting time with a child, including a
dispute about an anticipated denial of a future scheduled
visit parenting time. "Visitation Parenting time dispute"
includes a claim by a custodial parent that a noncustodial
parent is not visiting spending time with a child as well as a
claim by a noncustodial parent that a custodial parent is
denying or interfering with visitation parenting time.
(c) A "visitation parenting time expeditor" is a neutral
person authorized to use a mediation-arbitration process to
resolve visitation parenting time disputes. A visitation
parenting time expeditor shall attempt to resolve a
visitation parenting time dispute by facilitating negotiations
between the parties to promote settlement and, if it becomes
apparent that the dispute cannot be resolved by an agreement of
the parties, the visitation parenting time expeditor shall make
a decision resolving the dispute.
Subd. 2. [APPOINTMENT.] (a) The parties may stipulate to
the appointment of a visitation parenting time expeditor or a
team of two expeditors without appearing in court by submitting
to the court a written agreement identifying the names of the
individuals to be appointed by the court; the nature of the
dispute; the responsibilities of the visitation parenting time
expeditor, including whether the expeditor is appointed to
resolve a specific issue or on an ongoing basis; the term of the
appointment; and the apportionment of fees and costs. The court
shall review the agreement of the parties.
(b) If the parties cannot agree on a visitation parenting
time expeditor, the court shall provide to the parties a copy of
the court administrator's roster of visitation parenting time
expeditors and require the parties to exchange the names of
three potential visitation parenting time expeditors by a
specific date. If after exchanging names the parties are unable
to agree upon a visitation parenting time expeditor, the court
shall select the visitation parenting time expeditor and, in its
discretion, may appoint one expeditor or a team of two
visitation expeditors. In the selection process the court must
give consideration to the financial circumstances of the parties
and the fees of those being considered as visitation parenting
time expeditors. Preference must be given to persons who agree
to volunteer their services or who will charge a variable fee
for services based on the ability of the parties to pay for them.
(c) An order appointing a visitation parenting time
expeditor must identify the name of the individual to be
appointed, the nature of the dispute, the responsibilities of
the visitation expeditor including whether the expeditor is
appointed to resolve a specific issue or on an ongoing basis,
the term of the appointment, the apportionment of fees, and
notice that if the parties are unable to reach an agreement with
the assistance of the visitation expeditor, the visitation
expeditor is authorized to make a decision resolving the dispute
which is binding upon the parties unless modified or vacated by
the court.
Subd. 2a. [FEES.] Prior to appointing the visitation
parenting time expeditor, the court shall give the parties
notice that the fees of the visitation expeditor will be
apportioned among the parties. In its order appointing
the visitation expeditor, the court shall apportion the fees of
the visitation expeditor among the parties, with each party
bearing the portion of fees that the court determines is just
and equitable under the circumstances. If a party files a pro
se motion regarding a visitation parenting time dispute and
there is not a court order that provides for apportionment of
the fees of an expeditor, the court administrator may require
the party requesting the appointment of an expeditor to pay the
fees of the expeditor in advance. Neither party may be required
to submit a dispute to a visitation expeditor if the party
cannot afford to pay for the fees of an expeditor and an
affordable expeditor is not available, unless the other party
agrees to pay the fees. After fees are incurred, a party may by
motion request that the fees be reapportioned on equitable
grounds. The court may consider the resources of the parties,
the nature of the dispute, and whether a party acted in bad
faith. The court may consider information from the expeditor in
determining bad faith.
Subd. 2b. [ROSTER OF VISITATION PARENTING TIME
EXPEDITORS.] Each court administrator shall maintain and make
available to the public and judicial officers a roster of
individuals available to serve as visitation parenting time
expeditors, including each individual's name, address, telephone
number, and fee charged, if any. A court administrator shall
not place on the roster the name of an individual who has not
completed the training required in subdivision 2c. If the use
of a visitation parenting time expeditor is initiated by
stipulation of the parties, the parties may agree upon a person
to serve as a visitation an expeditor even if that person has
not completed the training described in subdivision 2c. The
court may appoint a person to serve as a visitation an expeditor
even if the person is not on the court administrator's roster,
but may not appoint a person who has not completed the training
described in subdivision 2c, unless so stipulated by the
parties. To maintain one's listing on a court administrator's
roster of visitation parenting time expeditors, an individual
shall annually submit to the court administrator proof of
completion of continuing education requirements.
Subd. 2c. [TRAINING AND CONTINUING EDUCATION
REQUIREMENTS.] To qualify for listing on a court administrator's
roster of visitation parenting time expeditors, an individual
shall complete a minimum of 40 hours of family mediation
training that has been certified by the Minnesota supreme court,
which must include certified training in domestic abuse issues
as required under Rule 114 of the Minnesota General Rules of
Practice for the District Courts. To maintain one's listing on
a court administrator's roster of visitation parenting time
expeditors, an individual shall annually attend three hours of
continuing education about alternative dispute resolution
subjects.
Subd. 3. [AGREEMENT OR DECISION.] (a) Within five days of
notice of the appointment, or within five days of notice of a
subsequent visitation parenting time dispute between the same
parties, the visitation parenting time expeditor shall meet with
the parties together or separately and shall make a diligent
effort to facilitate an agreement to resolve the visitation
dispute. If a visitation parenting time dispute requires
immediate resolution, the visitation parenting time expeditor
may confer with the parties through a telephone conference or
similar means. An expeditor may make a decision without
conferring with a party if the expeditor made a good faith
effort to confer with the party, but the party chose not to
participate in resolution of the dispute.
(b) If the parties do not reach an agreement, the expeditor
shall make a decision resolving the dispute as soon as possible
but not later than five days after receiving all information
necessary to make a decision and after the final meeting or
conference with the parties. The visitation expeditor is
authorized to award compensatory visitation parenting time under
section 518.175, subdivision 6, and may recommend to the court
that the noncomplying party pay attorney's fees, court costs,
and other costs under section 518.175, subdivision 6, paragraph
(d), if the visitation parenting time order has been violated.
The visitation expeditor shall not lose authority to make a
decision if circumstances beyond the visitation expeditor's
control make it impracticable to meet the five-day timelines.
(c) Unless the parties mutually agree, the visitation
parenting time expeditor shall not make a decision that is
inconsistent with an existing visitation parenting time order,
but may make decisions interpreting or clarifying a visitation
parenting time order, including the development of a specific
schedule when the existing court order grants
"reasonable visitation parenting time."
(d) The expeditor shall put an agreement or decision in
writing and provide a copy to the parties. The visitation
expeditor may include or omit reasons for the agreement or
decision. An agreement of the parties or a decision of the
visitation expeditor is binding on the parties unless vacated or
modified by the court. If a party does not comply with an
agreement of the parties or a decision of the expeditor, any
party may bring a motion with the court and shall attach a copy
of the parties' written agreement or decision of the expeditor.
The court may enforce, modify, or vacate the agreement of the
parties or the decision of the expeditor.
Subd. 4. [OTHER AGREEMENTS.] This section does not
preclude the parties from voluntarily agreeing to submit their
visitation parenting time dispute to a neutral third party or
from otherwise resolving visitation parenting time disputes on a
voluntary basis.
Subd. 4a. [CONFIDENTIALITY.] (a) Statements made and
documents produced as part of the visitation parenting time
expeditor process which are not otherwise discoverable are not
subject to discovery or other disclosure and are not admissible
into evidence for any purpose at trial or in any other
proceeding, including impeachment.
(b) Sworn testimony may be used in subsequent proceedings
for any purpose for which it is admissible under the rules of
evidence. Visitation Parenting time expeditors, and lawyers for
the parties to the extent of their participation in
the visitation parenting time expeditor process, must not be
subpoenaed or called as witnesses in court proceedings.
(c) Notes, records, and recollections of visitation
parenting time expeditors are confidential and must not be
disclosed to the parties, the public, or anyone other than
the visitation parenting time expeditor unless:
(1) all parties and the visitation expeditor agree in
writing to the disclosure; or
(2) disclosure is required by law or other applicable
professional codes.
Notes and records of visitation parenting time expeditors
must not be disclosed to the court unless after a hearing the
court determines that the notes or records should be reviewed in
camera. Those notes or records must not be released by the
court unless it determines that they disclose information
showing illegal violation of the criminal law of the state.
Subd. 5. [IMMUNITY.] A visitation parenting time expeditor
is immune from civil liability for actions taken or not taken
when acting under this section.
Subd. 5a. [REMOVAL.] If a visitation parenting time
expeditor has been appointed on a long-term basis, a party or
the visitation expeditor may file a motion seeking to have the
expeditor removed for good cause shown.
Subd. 6. [MANDATORY VISITATION PARENTING TIME DISPUTE
RESOLUTION.] Subject to subdivision 1a, a judicial district may
establish a mandatory visitation parenting time dispute
resolution program as provided in this subdivision. In a
district where a program has been established, parties may be
required to submit visitation parenting time disputes to
a visitation parenting time expeditor as a prerequisite to a
motion on the dispute being heard by the court, or either party
may submit the dispute to a visitation an expeditor. A party
may file a motion with the court for purposes of obtaining a
court date, if necessary, but a hearing may not be held until
resolution of the dispute with the visitation parenting time
expeditor. The appointment of a visitation an expeditor must be
in accordance with subdivision 2. Visitation Expeditor fees
must be paid in accordance with subdivision 2a.
Sec. 33. Minnesota Statutes 1998, section 518.176,
subdivision 2, is amended to read:
Subd. 2. If both parents or all contestants agree to the
order, or if the court finds that in the absence of the order
the child's physical or emotional health is likely to be
endangered or the child's emotional development impaired, the
court may order the local social services agency or the
department of court services to exercise continuing supervision
over the case under guidelines established by the court to
assure that the custodial or visitation parenting time terms of
the decree are carried out.
Sec. 34. Minnesota Statutes 1998, section 518.177, is
amended to read:
518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL
RIGHTS LAW.]
Every court order and judgment and decree concerning
custody of or parenting time or visitation with a minor child
shall contain the notice set out in section 518.68, subdivision
2.
Sec. 35. Minnesota Statutes 1999 Supplement, section
518.178, is amended to read:
518.178 [VISITATION PARENTING TIME AND SUPPORT REVIEW
HEARING.]
Upon motion of either party, the court shall conduct a
hearing to review compliance with the visitation parenting time
and child support provisions set forth in a decree of
dissolution or legal separation or an order that establishes
child custody, visitation parenting time, and support rights and
obligations of parents. The state court administrator shall
prepare, and each court administrator shall make available,
simplified pro se forms for reviewing visitation parenting time
and child support disputes. The court may impose any visitation
parenting time enforcement remedy available under sections
518.175 and 518.1751, and any support enforcement remedy
available under section 518.551.
Sec. 36. Minnesota Statutes 1998, section 518.179,
subdivision 1, is amended to read:
Subdivision 1. [SEEKING CUSTODY OR VISITATION PARENTING
TIME.] Notwithstanding any contrary provision in section 518.17
or 518.175, if a person seeking child custody or visitation
parenting time has been convicted of a crime described in
subdivision 2, the person seeking custody or visitation
parenting time has the burden to prove that custody
or visitation parenting time by that person is in the best
interests of the child if:
(1) the conviction occurred within the preceding five
years;
(2) the person is currently incarcerated, on probation, or
under supervised release for the offense; or
(3) the victim of the crime was a family or household
member as defined in section 518B.01, subdivision 2.
If this section applies, the court may not grant custody or
visitation parenting time to the person unless it finds that the
custody or visitation parenting time is in the best interests of
the child. If the victim of the crime was a family or household
member, the standard of proof is clear and convincing evidence.
A guardian ad litem must be appointed in any case where this
section applies.
Sec. 37. Minnesota Statutes 1999 Supplement, section
518.551, subdivision 5, is amended to read:
Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The
petitioner shall notify the public authority of all proceedings
for dissolution, legal separation, determination of parentage or
for the custody of a child, if either party is receiving public
assistance or applies for it subsequent to the commencement of
the proceeding. The notice must contain the full names of the
parties to the proceeding, their social security account
numbers, and their birth dates. After receipt of the notice,
the court shall set child support as provided in this
subdivision. The court may order either or both parents owing a
duty of support to a child of the marriage to pay an amount
reasonable or necessary for the child's support, without regard
to marital misconduct. The court shall approve a child support
stipulation of the parties if each party is represented by
independent counsel, unless the stipulation does not meet the
conditions of paragraph (i). In other cases the court shall
determine and order child support in a specific dollar amount in
accordance with the guidelines and the other factors set forth
in paragraph (c) and any departure therefrom. The court may
also order the obligor to pay child support in the form of a
percentage share of the obligor's net bonuses, commissions, or
other forms of compensation, in addition to, or if the obligor
receives no base pay, in lieu of, an order for a specific dollar
amount.
(b) The court shall derive a specific dollar amount for
child support by multiplying the obligor's net income by the
percentage indicated by the following guidelines:
Net Income Per Number of Children
Month of Obligor
1 2 3 4 5 6 7 or
more
$550 and Below Order based on the ability of the
obligor to provide support
at these income levels, or at higher
levels, if the obligor has
the earning ability.
$551 - 600 16% 19% 22% 25% 28% 30% 32%
$601 - 650 17% 21% 24% 27% 29% 32% 34%
$651 - 700 18% 22% 25% 28% 31% 34% 36%
$701 - 750 19% 23% 27% 30% 33% 36% 38%
$751 - 800 20% 24% 28% 31% 35% 38% 40%
$801 - 850 21% 25% 29% 33% 36% 40% 42%
$851 - 900 22% 27% 31% 34% 38% 41% 44%
$901 - 950 23% 28% 32% 36% 40% 43% 46%
$951 - 1000 24% 29% 34% 38% 41% 45% 48%
$1001- 5000 25% 30% 35% 39% 43% 47% 50%
or the amount
in effect under
paragraph (k)
Guidelines for support for an obligor with a monthly income
in excess of the income limit currently in effect under
paragraph (k) shall be the same dollar amounts as provided for
in the guidelines for an obligor with a monthly income equal to
the limit in effect.
Net Income defined as:
Total monthly
income less *(i) Federal Income Tax
*(ii) State Income Tax
(iii) Social Security
Deductions
(iv) Reasonable
Pension Deductions
*Standard
Deductions apply- (v) Union Dues
use of tax tables (vi) Cost of Dependent Health
recommended Insurance Coverage
(vii) Cost of Individual or Group
Health/Hospitalization
Coverage or an
Amount for Actual
Medical Expenses
(viii) A Child Support or
Maintenance Order that is
Currently Being Paid.
"Net income" does not include:
(1) the income of the obligor's spouse, but does include
in-kind payments received by the obligor in the course of
employment, self-employment, or operation of a business if the
payments reduce the obligor's living expenses; or
(2) compensation received by a party for employment in
excess of a 40-hour work week, provided that:
(i) support is nonetheless ordered in an amount at least
equal to the guidelines amount based on income not excluded
under this clause; and
(ii) the party demonstrates, and the court finds, that:
(A) the excess employment began after the filing of the
petition for dissolution;
(B) the excess employment reflects an increase in the work
schedule or hours worked over that of the two years immediately
preceding the filing of the petition;
(C) the excess employment is voluntary and not a condition
of employment;
(D) the excess employment is in the nature of additional,
part-time or overtime employment compensable by the hour or
fraction of an hour; and
(E) the party's compensation structure has not been changed
for the purpose of affecting a support or maintenance obligation.
The court shall review the work-related and
education-related child care costs paid and shall allocate the
costs to each parent in proportion to each parent's net income,
as determined under this subdivision, after the transfer of
child support and spousal maintenance, unless the allocation
would be substantially unfair to either parent. There is a
presumption of substantial unfairness if after the sum total of
child support, spousal maintenance, and child care costs is
subtracted from the noncustodial parent's income, the income is
at or below 100 percent of the federal poverty guidelines. The
cost of child care for purposes of this paragraph is 75 percent
of the actual cost paid for child care, to reflect the
approximate value of state and federal tax credits available to
the custodial parent. The actual cost paid for child care is
the total amount received by the child care provider for the
child or children of the obligor from the obligee or any public
agency. The court shall require verification of employment or
school attendance and documentation of child care expenses from
the obligee and the public agency, if applicable. If child care
expenses fluctuate during the year because of seasonal
employment or school attendance of the obligee or extended
periods of visitation parenting time with the obligor, the court
shall determine child care expenses based on an average monthly
cost. The amount allocated for child care expenses is
considered child support but is not subject to a cost-of-living
adjustment under section 518.641. The amount allocated for
child care expenses terminates when either party notifies the
public authority that the child care costs have ended and
without any legal action on the part of either party. The
public authority shall verify the information received under
this provision before authorizing termination. The termination
is effective as of the date of the notification. In other cases
where there is a substantial increase or decrease in child care
expenses, the parties may modify the order under section 518.64.
The court may allow the noncustodial parent to care for the
child while the custodial parent is working, as provided in
section 518.175, subdivision 8. Allowing the noncustodial
parent to care for the child under section 518.175, subdivision
8, is not a reason to deviate from the guidelines.
(c) In addition to the child support guidelines, the court
shall take into consideration the following factors in setting
or modifying child support or in determining whether to deviate
from the guidelines:
(1) all earnings, income, and resources of the parents,
including real and personal property, but excluding income from
excess employment of the obligor or obligee that meets the
criteria of paragraph (b), clause (2)(ii);
(2) the financial needs and resources, physical and
emotional condition, and educational needs of the child or
children to be supported;
(3) the standard of living the child would have enjoyed had
the marriage not been dissolved, but recognizing that the
parents now have separate households;
(4) which parent receives the income taxation dependency
exemption and what financial benefit the parent receives from
it;
(5) the parents' debts as provided in paragraph (d); and
(6) the obligor's receipt of public assistance under the
AFDC program formerly codified under sections 256.72 to 256.82
or 256B.01 to 256B.40 and chapter 256J or 256K.
(d) In establishing or modifying a support obligation, the
court may consider debts owed to private creditors, but only if:
(1) the right to support has not been assigned under
section 256.741;
(2) the court determines that the debt was reasonably
incurred for necessary support of the child or parent or for the
necessary generation of income. If the debt was incurred for
the necessary generation of income, the court shall consider
only the amount of debt that is essential to the continuing
generation of income; and
(3) the party requesting a departure produces a sworn
schedule of the debts, with supporting documentation, showing
goods or services purchased, the recipient of them, the amount
of the original debt, the outstanding balance, the monthly
payment, and the number of months until the debt will be fully
paid.
(e) Any schedule prepared under paragraph (d), clause (3),
shall contain a statement that the debt will be fully paid after
the number of months shown in the schedule, barring emergencies
beyond the party's control.
(f) Any further departure below the guidelines that is
based on a consideration of debts owed to private creditors
shall not exceed 18 months in duration, after which the support
shall increase automatically to the level ordered by the court.
Nothing in this section shall be construed to prohibit one or
more step increases in support to reflect debt retirement during
the 18-month period.
(g) If payment of debt is ordered pursuant to this section,
the payment shall be ordered to be in the nature of child
support.
(h) Nothing shall preclude the court from receiving
evidence on the above factors to determine if the guidelines
should be exceeded or modified in a particular case.
(i) The guidelines in this subdivision are a rebuttable
presumption and shall be used in all cases when establishing or
modifying child support. If the court does not deviate from the
guidelines, the court shall make written findings concerning the
amount of the obligor's income used as the basis for the
guidelines calculation and any other significant evidentiary
factors affecting the determination of child support. If the
court deviates from the guidelines, the court shall make written
findings giving the amount of support calculated under the
guidelines, the reasons for the deviation, and shall
specifically address the criteria in paragraph (c) and how the
deviation serves the best interest of the child. The court may
deviate from the guidelines if both parties agree and the court
makes written findings that it is in the best interests of the
child, except that in cases where child support payments are
assigned to the public agency under section 256.741, the court
may deviate downward only as provided in paragraph (j). Nothing
in this paragraph prohibits the court from deviating in other
cases. The provisions of this paragraph apply whether or not
the parties are each represented by independent counsel and have
entered into a written agreement. The court shall review
stipulations presented to it for conformity to the guidelines
and the court is not required to conduct a hearing, but the
parties shall provide the documentation of earnings required
under subdivision 5b.
(j) If the child support payments are assigned to the
public agency under section 256.741, the court may not deviate
downward from the child support guidelines unless the court
specifically finds that the failure to deviate downward would
impose an extreme hardship on the obligor.
(k) The dollar amount of the income limit for application
of the guidelines must be adjusted on July 1 of every
even-numbered year to reflect cost-of-living changes. The
supreme court shall select the index for the adjustment from the
indices listed in section 518.641. The state court
administrator shall make the changes in the dollar amount
required by this paragraph available to courts and the public on
or before April 30 of the year in which the amount is to change.
(l) In establishing or modifying child support, if a child
receives a child's insurance benefit under United States Code,
title 42, section 402, because the obligor is entitled to old
age or disability insurance benefits, the amount of support
ordered shall be offset by the amount of the child's benefit.
The court shall make findings regarding the obligor's income
from all sources, the child support amount calculated under this
section, the amount of the child's benefit, and the obligor's
child support obligation. Any benefit received by the child in
a given month in excess of the child support obligation shall
not be treated as an arrearage payment or a future payment.
Sec. 38. Minnesota Statutes 1998, section 518.612, is
amended to read:
518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY
ORDER.]
Failure by a party to make support payments is not a
defense to: interference with visitation rights parenting time;
or without the permission of the court or the noncustodial
parent removing a child from this state. Nor is interference
with visitation rights parenting time or taking a child from
this state without permission of the court or the noncustodial
parent a defense to nonpayment of support. If a party fails to
make support payments, or interferes with visitation rights
parenting time, or without permission of the court or the
noncustodial parent removes a child from this state, the other
party may petition the court for an appropriate order.
Sec. 39. Minnesota Statutes 1998, section 518.619,
subdivision 1, is amended to read:
Subdivision 1. [MEDIATION PROCEEDING.] Except as provided
in subdivision 2, if it appears on the face of the petition or
other application for an order or modification of an order for
the custody of a child that custody or visitation parenting time
is contested, or that any issue pertinent to a custody or
visitation parenting time determination, including visitation
parenting time rights, is unresolved, the matter may be set for
mediation of the contested issue prior to, concurrent with, or
subsequent to the setting of the matter for hearing. The
purpose of the mediation proceeding is to reduce acrimony which
may exist between the parties and to develop an agreement that
is supportive of the child's best interests. The mediator shall
use best efforts to effect a settlement of the custody
or visitation parenting time dispute, but shall have no coercive
authority.
Sec. 40. Minnesota Statutes 1998, section 518.68,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] Every court order or
judgment and decree that provides for child support, spousal
maintenance, custody, or visitation parenting time must contain
certain notices as set out in subdivision 2. The information in
the notices must be concisely stated in plain language. The
notices must be in clearly legible print, but may not exceed two
pages. An order or judgment and decree without the notice
remains subject to all statutes. The court may waive all or
part of the notice required under subdivision 2 relating to
parental rights under section 518.17, subdivision 3, if it finds
it is necessary to protect the welfare of a party or child.
Sec. 41. Minnesota Statutes 1998, section 518.68,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS.] The required notices must be
substantially as follows:
IMPORTANT NOTICE
1. PAYMENTS TO PUBLIC AGENCY
According to Minnesota Statutes, section 518.551,
subdivision 1, payments ordered for maintenance and support
must be paid to the public agency responsible for child
support enforcement as long as the person entitled to
receive the payments is receiving or has applied for public
assistance or has applied for support and maintenance
collection services. MAIL PAYMENTS TO:
2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
FELONY
A person may be charged with a felony who conceals a minor
child or takes, obtains, retains, or fails to return a
minor child from or to the child's parent (or person with
custodial or visitation rights), according to Minnesota
Statutes, section 609.26. A copy of that section is
available from any district court clerk.
3. RULES OF SUPPORT, MAINTENANCE, VISITATION PARENTING TIME
(a) Payment of support or spousal maintenance is to be as
ordered, and the giving of gifts or making purchases of
food, clothing, and the like will not fulfill the
obligation.
(b) Payment of support must be made as it becomes due, and
failure to secure or denial of rights of visitation
parenting time is NOT an excuse for nonpayment, but the
aggrieved party must seek relief through a proper motion
filed with the court.
(c) Nonpayment of support is not grounds to deny visitation
parenting time. The party entitled to receive support may
apply for support and collection services, file a contempt
motion, or obtain a judgment as provided in Minnesota
Statutes, section 548.091.
(d) The payment of support or spousal maintenance takes
priority over payment of debts and other obligations.
(e) A party who accepts additional obligations of support
does so with the full knowledge of the party's prior
obligation under this proceeding.
(f) Child support or maintenance is based on annual income,
and it is the responsibility of a person with seasonal
employment to budget income so that payments are made
throughout the year as ordered.
(g) If there is a layoff or a pay reduction, support may be
reduced as of the time of the layoff or pay reduction if a
motion to reduce the support is served and filed with the
court at that time, but any such reduction must be ordered
by the court. The court is not permitted to reduce support
retroactively, except as provided in Minnesota Statutes,
section 518.64, subdivision 2, paragraph (c).
(h) Reasonable visitation parenting time guidelines are
contained in Appendix B, which is available from the court
administrator.
4. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
SUBDIVISION 3
Unless otherwise provided by the Court:
(a) Each party has the right of access to, and to receive
copies of, school, medical, dental, religious training, and
other important records and information about the minor
children. Each party has the right of access to
information regarding health or dental insurance available
to the minor children. Presentation of a copy of this
order to the custodian of a record or other information
about the minor children constitutes sufficient
authorization for the release of the record or information
to the requesting party.
(b) Each party shall keep the other informed as to the name
and address of the school of attendance of the minor
children. Each party has the 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.
(c) In case of an accident or serious illness of a minor
child, each party shall notify the other party of the
accident or illness, and the name of the health care
provider and the place of treatment.
(d) Each party has the right of reasonable access and
telephone contact with the minor children.
5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
Child support and/or spousal maintenance may be withheld
from income, with or without notice to the person obligated
to pay, when the conditions of Minnesota Statutes, section
518.6111 have been met. A copy of those sections is
available from any district court clerk.
6. CHANGE OF ADDRESS OR RESIDENCE
Unless otherwise ordered, each party shall notify the other
party, the court, and the public authority responsible for
collection, if applicable, of the following information
within ten days of any change: the residential and mailing
address, telephone number, driver's license number, social
security number, and name, address, and telephone number of
the employer.
7. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE
Child support and/or spousal maintenance may be adjusted
every two years based upon a change in the cost of living
(using Department of Labor Consumer Price Index ..........,
unless otherwise specified in this order) when the
conditions of Minnesota Statutes, section 518.641, are met.
Cost of living increases are compounded. A copy of
Minnesota Statutes, section 518.641, and forms necessary to
request or contest a cost of living increase are available
from any district court clerk.
8. JUDGMENTS FOR UNPAID SUPPORT
If a person fails to make a child support payment, the
payment owed becomes a judgment against the person
responsible to make the payment by operation of law on or
after the date the payment is due, and the person entitled
to receive the payment or the public agency may obtain
entry and docketing of the judgment WITHOUT NOTICE to the
person responsible to make the payment under Minnesota
Statutes, section 548.091. Interest begins to accrue on a
payment or installment of child support whenever the unpaid
amount due is greater than the current support due,
according to Minnesota Statutes, section 548.091,
subdivision 1a.
9. JUDGMENTS FOR UNPAID MAINTENANCE
A judgment for unpaid spousal maintenance may be entered
when the conditions of Minnesota Statutes, section 548.091,
are met. A copy of that section is available from any
district court clerk.
10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
SUPPORT
A judgment for attorney fees and other collection costs
incurred in enforcing a child support order will be entered
against the person responsible to pay support when the
conditions of section 518.14, subdivision 2, are met. A
copy of section 518.14 and forms necessary to request or
contest these attorney fees and collection costs are
available from any district court clerk.
11. VISITATION PARENTING TIME EXPEDITOR PROCESS
On request of either party or on its own motion, the court
may appoint a visitation parenting time expeditor to
resolve visitation parenting time disputes under Minnesota
Statutes, section 518.1751. A copy of that section and a
description of the expeditor process is available from any
district court clerk.
12. VISITATION PARENTING TIME REMEDIES AND PENALTIES
Remedies and penalties for the wrongful denial of
visitation rights parenting time are available under
Minnesota Statutes, section 518.175, subdivision 6. These
include compensatory visitation parenting time; civil
penalties; bond requirements; contempt; and reversal of
custody. A copy of that subdivision and forms for
requesting relief are available from any district court
clerk.
Sec. 42. Minnesota Statutes 1998, section 518B.01,
subdivision 4, is amended to read:
Subd. 4. [ORDER FOR PROTECTION.] There shall exist an
action known as a petition for an order for protection in cases
of domestic abuse.
(a) A petition for relief under this section may be made by
any family or household member personally or by a family or
household member, a guardian as defined in section 524.1-201,
clause (20), or, if the court finds that it is in the best
interests of the minor, by a reputable adult age 25 or older on
behalf of minor family or household members. A minor age 16 or
older may make a petition on the minor's own behalf against a
spouse or former spouse, or a person with whom the minor has a
child in common, if the court determines that the minor has
sufficient maturity and judgment and that it is in the best
interests of the minor.
(b) A petition for relief shall allege the existence of
domestic abuse, and shall be accompanied by an affidavit made
under oath stating the specific facts and circumstances from
which relief is sought.
(c) A petition for relief must state whether the petitioner
has ever had an order for protection in effect against the
respondent.
(d) A petition for relief must state whether there is an
existing order for protection in effect under this chapter
governing both the parties and whether there is a pending
lawsuit, complaint, petition or other action between the parties
under chapter 257, 518, 518A, 518B, or 518C. The court
administrator shall verify the terms of any existing order
governing the parties. The court may not delay granting relief
because of the existence of a pending action between the parties
or the necessity of verifying the terms of an existing order. A
subsequent order in a separate action under this chapter may
modify only the provision of an existing order that grants
relief authorized under subdivision 6, paragraph (a), clause
(1). A petition for relief may be granted, regardless of
whether there is a pending action between the parties.
(e) The court shall provide simplified forms and clerical
assistance to help with the writing and filing of a petition
under this section.
(f) The court shall advise a petitioner under paragraph (e)
of the right to file a motion and affidavit and to sue in forma
pauperis pursuant to section 563.01 and shall assist with the
writing and filing of the motion and affidavit.
(g) The court shall advise a petitioner under paragraph (e)
of the right to serve the respondent by published notice under
subdivision 5, paragraph (b), if the respondent is avoiding
personal service by concealment or otherwise, and shall assist
with the writing and filing of the affidavit.
(h) The court shall advise the petitioner of the right to
seek restitution under the petition for relief.
(i) The court shall advise the petitioner of the right to
request a hearing under subdivision 7, paragraph (c). If the
petitioner does not request a hearing, the court shall advise
the petitioner that the respondent may request a hearing and
that notice of the hearing date and time will be provided to the
petitioner by mail at least five days before the hearing.
(j) The court shall advise the petitioner of the right to
request supervised visitation parenting time, as provided in
section 518.175, subdivision 1a.
Sec. 43. Minnesota Statutes 1998, section 518B.01,
subdivision 8, is amended to read:
Subd. 8. [SERVICE; ALTERNATE SERVICE; PUBLICATION;
NOTICE.] (a) The petition and any order issued under this
section shall be served on the respondent personally.
(b) When service is made out of this state and in the
United States, it may be proved by the affidavit of the person
making the service. When service is made outside the United
States, it may be proved by the affidavit of the person making
the service, taken before and certified by any United States
minister, charge d'affaires, commissioner, consul, or commercial
agent, or other consular or diplomatic officer of the United
States appointed to reside in the other country, including all
deputies or other representatives of the officer authorized to
perform their duties; or before an office authorized to
administer an oath with the certificate of an officer of a court
of record of the country in which the affidavit is taken as to
the identity and authority of the officer taking the affidavit.
(c) If personal service cannot be made, the court may order
service of the petition and any order issued under this section
by alternate means, or by publication, which publication must be
made as in other actions. The application for alternate service
must include the last known location of the respondent; the
petitioner's most recent contacts with the respondent; the last
known location of the respondent's employment; the names and
locations of the respondent's parents, siblings, children, and
other close relatives; the names and locations of other persons
who are likely to know the respondent's whereabouts; and a
description of efforts to locate those persons.
The court shall consider the length of time the
respondent's location has been unknown, the likelihood that the
respondent's location will become known, the nature of the
relief sought, and the nature of efforts made to locate the
respondent. The court shall order service by first class mail,
forwarding address requested, to any addresses where there is a
reasonable possibility that mail or information will be
forwarded or communicated to the respondent.
The court may also order publication, within or without the
state, but only if it might reasonably succeed in notifying the
respondent of the proceeding. Service shall be deemed complete
14 days after mailing or 14 days after court-ordered publication.
(d) A petition and any order issued under this section must
include a notice to the respondent that if an order for
protection is issued to protect the petitioner or a child of the
parties, upon request of the petitioner in any visitation
parenting time proceeding, the court shall consider the order
for protection in making a decision regarding visitation
parenting time.
Sec. 44. Minnesota Statutes 1998, section 519.11,
subdivision 1a, is amended to read:
Subd. 1a. [POSTNUPTIAL CONTRACT.] (a) Spouses who are
legally married under the laws of this state may enter into a
postnuptial contract or settlement which is valid and
enforceable if it:
(1) complies with the requirements for antenuptial
contracts or settlements in this section and in the law of this
state, including, but not limited to, the requirement that it be
procedurally and substantively fair and equitable both at the
time of its execution and at the time of its enforcement; and
(2) complies with the requirements for postnuptial
contracts or settlements in this section.
(b) A postnuptial contract or settlement that conforms with
this section may determine all matters that may be determined by
an antenuptial contract or settlement under the law of this
state, except that a postnuptial contract or settlement may not
determine the rights of any child of the spouses to child
support from either spouse or rights of child custody or
visitation parenting time.
(c) A postnuptial contract or settlement is valid and
enforceable only if at the time of its execution each spouse is
represented by separate legal counsel.
(d) A postnuptial contract or settlement is valid and
enforceable only if at the time of its execution each of the
spouses entering into the contract or settlement has marital
property titled in that spouse's name, nonmarital property, or a
combination of marital property titled in that spouse's name and
nonmarital property with a total net value exceeding $1,200,000.
(e) A postnuptial contract or settlement is not valid or
enforceable if either party commences an action for a legal
separation or dissolution within two years of the date of its
execution.
(f) Nothing in this section shall impair the validity or
enforceability of a contract, agreement, or waiver which is
entered into after marriage and which is described in chapter
524, article 2, part 2, further, a conveyance permitted by
section 500.19 is not a postnuptial contract or settlement under
this section.
Sec. 45. Minnesota Statutes 1999 Supplement, section
609.26, subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED ACTS.] Whoever intentionally
does any of the following acts may be charged with a felony and,
upon conviction, may be sentenced as provided in subdivision 6:
(1) conceals a minor child from the child's parent where
the action manifests an intent substantially to deprive that
parent of parental rights or conceals a minor child from another
person having the right to visitation parenting time or custody
where the action manifests an intent to substantially deprive
that person of rights to visitation parenting time or custody;
(2) takes, obtains, retains, or fails to return a minor
child in violation of a court order which has transferred legal
custody under chapter 260, 260B, or 260C to the commissioner of
human services, a child-placing agency, or the local social
services agency;
(3) takes, obtains, retains, or fails to return a minor
child from or to the parent in violation of a court order, where
the action manifests an intent substantially to deprive that
parent of rights to visitation parenting time or custody;
(4) takes, obtains, retains, or fails to return a minor
child from or to a parent after commencement of an action
relating to child visitation parenting time or custody but prior
to the issuance of an order determining custody or visitation
parenting time rights, where the action manifests an intent
substantially to deprive that parent of parental rights;
(5) retains a child in this state with the knowledge that
the child was removed from another state in violation of any of
the above provisions;
(6) refuses to return a minor child to a parent or lawful
custodian and is at least 18 years old and more than 24 months
older than the child;
(7) causes or contributes to a child being a habitual
truant as defined in section 260C.007, subdivision 19, and is at
least 18 years old and more than 24 months older than the child;
(8) causes or contributes to a child being a runaway as
defined in section 260C.007, subdivision 20, and is at least 18
years old and more than 24 months older than the child; or
(9) is at least 18 years old and resides with a minor under
the age of 16 without the consent of the minor's parent or
lawful custodian.
Sec. 46. Minnesota Statutes 1998, section 609.26,
subdivision 2, is amended to read:
Subd. 2. [DEFENSES.] It is an affirmative defense if a
person charged under subdivision 1 proves that:
(1) the person reasonably believed the action taken was
necessary to protect the child from physical or sexual assault
or substantial emotional harm;
(2) the person reasonably believed the action taken was
necessary to protect the person taking the action from physical
or sexual assault;
(3) the action taken is consented to by the parent,
stepparent, or legal custodian seeking prosecution, but consent
to custody or specific visitation parenting time is not consent
to the action of failing to return or concealing a minor child;
or
(4) the action taken is otherwise authorized by a court
order issued prior to the violation of subdivision 1.
The defenses provided in this subdivision are in addition
to and do not limit other defenses available under this chapter
or chapter 611.
Sec. 47. Minnesota Statutes 1999 Supplement, section
626.556, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them unless the specific
content indicates otherwise:
(a) "Sexual abuse" means the subjection of a child by a
person responsible for the child's care, by a person who has a
significant relationship to the child, as defined in section
609.341, or by a person in a position of authority, as defined
in section 609.341, subdivision 10, to any act which constitutes
a violation of section 609.342 (criminal sexual conduct in the
first degree), 609.343 (criminal sexual conduct in the second
degree), 609.344 (criminal sexual conduct in the third degree),
609.345 (criminal sexual conduct in the fourth degree), or
609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which
constitutes a violation of prostitution offenses under sections
609.321 to 609.324 or 617.246. Sexual abuse includes threatened
sexual abuse.
(b) "Person responsible for the child's care" means (1) an
individual functioning within the family unit and having
responsibilities for the care of the child such as a parent,
guardian, or other person having similar care responsibilities,
or (2) an individual functioning outside the family unit and
having responsibilities for the care of the child such as a
teacher, school administrator, or other lawful custodian of a
child having either full-time or short-term care
responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and
coaching.
(c) "Neglect" means:
(1) failure by a person responsible for a child's care to
supply a child with necessary food, clothing, shelter, health,
medical, or other care required for the child's physical or
mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions
which imminently and seriously endanger the child's physical or
mental health when reasonably able to do so;
(3) failure to provide for necessary supervision or child
care arrangements appropriate for a child after considering
factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to
care for the child's own basic needs or safety, or the basic
needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined
in sections 120A.22 and 260C.163, subdivision 11;
(5) nothing in this section shall be construed to mean that
a child is neglected solely because the child's parent,
guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer
for treatment or care of disease or remedial care of the child
in lieu of medical care; except that a parent, guardian, or
caretaker, or a person mandated to report pursuant to
subdivision 3, has a duty to report if a lack of medical care
may cause serious danger to the child's health. This section
does not impose upon persons, not otherwise legally responsible
for providing a child with necessary food, clothing, shelter,
education, or medical care, a duty to provide that care;
(6) prenatal exposure to a controlled substance, as defined
in section 253B.02, subdivision 2, used by the mother for a
nonmedical purpose, as evidenced by withdrawal symptoms in the
child at birth, results of a toxicology test performed on the
mother at delivery or the child at birth, or medical effects or
developmental delays during the child's first year of life that
medically indicate prenatal exposure to a controlled substance;
(7) "medical neglect" as defined in section 260C.007,
subdivision 4, clause (5);
(8) that the parent or other person responsible for the
care of the child:
(i) engages in violent behavior that demonstrates a
disregard for the well-being of the child as indicated by action
that could reasonably result in serious physical, mental, or
threatened injury, or emotional damage to the child;
(ii) engages in repeated domestic assault that would
constitute a violation of section 609.2242, subdivision 2 or 4;
(iii) intentionally inflicts or attempts to inflict bodily
harm against a family or household member, as defined in section
518B.01, subdivision 2, that is within sight or sound of the
child; or
(iv) subjects the child to ongoing domestic violence by the
abuser in the home environment that is likely to have a
detrimental effect on the well-being of the child;
(9) chronic and severe use of alcohol or a controlled
substance by a parent or person responsible for the care of the
child that adversely affects the child's basic needs and safety;
or
(10) emotional harm from a pattern of behavior which
contributes to impaired emotional functioning of the child which
may be demonstrated by a substantial and observable effect in
the child's behavior, emotional response, or cognition that is
not within the normal range for the child's age and stage of
development, with due regard to the child's culture.
(d) "Physical abuse" means any physical injury, mental
injury, or threatened injury, inflicted by a person responsible
for the child's care on a child other than by accidental means,
or any physical or mental injury that cannot reasonably be
explained by the child's history of injuries, or any aversive
and deprivation procedures that have not been authorized under
section 245.825. Abuse does not include reasonable and moderate
physical discipline of a child administered by a parent or legal
guardian which does not result in an injury. Actions which are
not reasonable and moderate include, but are not limited to, any
of the following that are done in anger or without regard to the
safety of the child:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any
nonaccidental injury to a child under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in
section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) purposely giving a child poison, alcohol, or dangerous,
harmful, or controlled substances which were not prescribed for
the child by a practitioner, in order to control or punish the
child; or other substances that substantially affect the child's
behavior, motor coordination, or judgment or that results in
sickness or internal injury, or subjects the child to medical
procedures that would be unnecessary if the child were not
exposed to the substances; or
(9) unreasonable physical confinement or restraint not
permitted under section 609.379, including but not limited to
tying, caging, or chaining.
(e) "Report" means any report received by the local welfare
agency, police department, or county sheriff pursuant to this
section.
(f) "Facility" means a licensed or unlicensed day care
facility, residential facility, agency, hospital, sanitarium, or
other facility or institution required to be licensed under
sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or
chapter 245B; or a school as defined in sections 120A.05,
subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
personal care provider organization as defined in sections
256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(g) "Operator" means an operator or agency as defined in
section 245A.02.
(h) "Commissioner" means the commissioner of human services.
(i) "Assessment" includes authority to interview the child,
the person or persons responsible for the child's care, the
alleged perpetrator, and any other person with knowledge of the
abuse or neglect for the purpose of gathering the facts,
assessing the risk to the child, and formulating a plan.
(j) "Practice of social services," for the purposes of
subdivision 3, includes but is not limited to employee
assistance counseling and the provision of guardian ad litem and
visitation parenting time expeditor services.
(k) "Mental injury" means an injury to the psychological
capacity or emotional stability of a child as evidenced by an
observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with
due regard to the child's culture.
(l) "Threatened injury" means a statement, overt act,
condition, or status that represents a substantial risk of
physical or sexual abuse or mental injury.
(m) Persons who conduct assessments or investigations under
this section shall take into account accepted child-rearing
practices of the culture in which a child participates, which
are not injurious to the child's health, welfare, and safety.
Sec. 48. Minnesota Statutes 1998, section 629.341,
subdivision 3, is amended to read:
Subd. 3. [NOTICE OF RIGHTS.] The peace officer shall tell
the victim whether a shelter or other services are available in
the community and give the victim immediate notice of the legal
rights and remedies available. The notice must include
furnishing the victim a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask
the city or county attorney to file a criminal complaint. You
also have the right to go to court and file a petition
requesting an order for protection from domestic abuse. The
order could include the following:
(1) an order restraining the abuser from further acts of
abuse;
(2) an order directing the abuser to leave your household;
(3) an order preventing the abuser from entering your
residence, school, business, or place of employment;
(4) an order awarding you or the other parent custody of or
visitation parenting time with your minor child or children; or
(5) an order directing the abuser to pay support to you and
the minor children if the abuser has a legal obligation to do
so."
The notice must include the resource listing, including
telephone number, for the area battered women's shelter, to be
designated by the department of corrections.
Sec. 49. Minnesota Statutes 1998, section 631.52,
subdivision 1, is amended to read:
Subdivision 1. [SUSPENSION OF VISITATION PARENTING TIME
RIGHTS; TRANSFER OF CUSTODY.] (a) If a person who has
court-ordered custody of a child or visitation parenting time
rights is convicted of a crime listed in subdivision 2 and if no
action is pending regarding custody or visitation parenting
time, the sentencing court shall refer the matter to the
appropriate family court for action under this section. The
family court shall:
(1) grant temporary custody to the noncustodial parent,
unless it finds that another custody arrangement is in the best
interests of the child; or
(2) suspend visitation parenting time rights, unless it
finds that visitation parenting time with the convicted person
is in the best interests of the child.
The family court shall expedite proceedings under this
section. The defendant has the burden of proving that continued
custody or visitation parenting time with the defendant is in
the best interests of the child. If the victim of the crime was
a family or household member as defined in section 518B.01,
subdivision 2, the standard of proof is clear and convincing
evidence. A guardian ad litem must be appointed in any case to
which this section applies.
(b) If a person who has child custody or visitation
parenting time rights was convicted of a crime listed in
subdivision 2 before July 1, 1990, then any interested party may
petition the sentencing court for relief under paragraph (a) if:
(1) the defendant is currently incarcerated, on probation,
or under supervised release for the offense; or
(2) the victim of the crime was a family or household
member as defined in section 518B.01, subdivision 2.
Sec. 50. [EFFECTIVE DATE.]
The provisions of sections 6 and 8 relating to commencement
of certain actions without an adjudication of parentage are
effective August 1, 2000. The remaining provisions of this
article are effective January 1, 2001.
Presented to the governor April 25, 2000
Signed by the governor April 27, 2000, 11:40 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes