1.1 	A bill for an act
1.2 	relating to child custody; establishing a presumption in favor of joint physical 
1.3 	custody in custody disputes between parents; amending Minnesota Statutes 2004, 
1.4 	sections 257.025; 518.17, subdivision 3, by adding a subdivision; repealing 
1.5 	Minnesota Statutes 2004, section 518.17, subdivision 2.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 257.025, is amended to read:
1.8 	257.025 CUSTODY DISPUTES.
1.9 		Subdivision 1.Best interest factors. (a) In any proceeding where two or more 
1.10 	parties seek custody of a child the court shall consider and evaluate all relevant factors in 
1.11 	determining the best interests of the child, including the following factors:
1.12 	(1) the wishes of the party or parties as to custody;
1.13 	(2) the reasonable preference of the child, if the court deems the child to be of 
1.14 	sufficient age to express preference;
1.15 	(3) the child's primary caretaker;
1.16 	(4) the intimacy of the relationship between each party and the child;
1.17 	(5) the interaction and interrelationship of the child with a party or parties, siblings, 
1.18 	and any other person who may significantly affect the child's best interests;
1.19 	(6) the child's adjustment to home, school, and community;
1.20 	(7) the length of time the child has lived in a stable, satisfactory environment and 
1.21 	the desirability of maintaining continuity;
1.22 	(8) the permanence, as a family unit, of the existing or proposed custodial home;
1.23 	(9) the mental and physical health of all individuals involved; except that a 
1.24 	disability, as defined in section  363A.03, of a proposed custodian or the child shall not be 
2.1 	determinative of the custody of the child, unless the proposed custodial arrangement is not 
2.2 	in the best interest of the child; 
2.3 	(10) the capacity and disposition of the parties to give the child love, affection, and 
2.4 	guidance, and to continue educating and raising the child in the child's culture, religion, or 
2.5 	creed, if any;
2.6 	(11) the child's cultural background; and
2.7 	(12) the effect on the child of the actions of an abuser, if related to domestic abuse as 
2.8 	defined in section  518B.01, that has occurred between the parents or the parties. 
2.9 	The court may not use one factor to the exclusion of all others. The court must make 
2.10 	detailed findings on each of the factors and explain how the factors led to its conclusions 
2.11 	and to the determination of the best interests of the child.
2.12 	(b) The fact that the parents of the child are not or were never married to each other 
2.13 	shall not be determinative of the custody of the child.
2.14 	(c) The court shall not consider conduct of a proposed custodian that does not affect 
2.15 	the custodian's relationship to the child.
2.16 	(d) The court shall consider evidence of a violation of section  609.507 in determining 
2.17 	the best interests of the child. 
2.18 	(e) A person may seek custody of a child by filing a petition or motion pursuant 
2.19 	to section  518.156. 
2.20 	(f) Section  518.619 applies to this section. 
2.21 		Subd. 2.Presumption of joint custody. (a) Unless sole legal or physical custody, 
2.22 	or both, is agreed to in writing by both parties, the court shall preserve the rights of both 
2.23 	parents to the legal and physical custody of their child in every case, except as provided in 
2.24 	paragraph (b). 
2.25 	(b)  The court may order sole legal or physical custody to a party over the objection 
2.26 	of a parent only upon a showing, by clear and convincing evidence, that:
2.27 	(1) preserving the objecting parent??a??a??s custodial rights or making an award of joint 
2.28 	legal and physical custody endangers the child??a??a??s physical or emotional health or will 
2.29 	impair the child??a??a??s emotional development; 
2.30 	(2) the harm likely to be caused by an award of sole legal or physical custody is 
2.31 	outweighed by the advantage to the child of the award; and  
2.32 	(3) an award of sole legal or physical custody, or both, is necessary to serve the 
2.33 	best interests of the child.  
2.34 	(c) In any case in which a court orders sole legal or physical custody of a child over 
2.35 	the objection of a parent of the child, the court shall make detailed findings on each of 
2.36 	the factors in paragraph (b), and each of the factors in subdivision 1 and explain how the 
3.1 	factors led to its determination that sole legal or physical custody, or both, is necessary to 
3.2 	serve the best interests of the child.
3.3 		Subd. 3.Mediation. The mediation requirements of section 518.619 apply to 
3.4 	this section.

3.5 	Sec. 2. Minnesota Statutes 2004, section 518.17, is amended by adding a subdivision 
3.6 	to read:
3.7 		Subd. 2a.Presumption of joint custody. (a) Unless sole legal or physical custody, 
3.8 	or both, is agreed to in writing by both parties, the court shall preserve the rights of both 
3.9 	parents to the legal and physical custody of their child in every case, except as provided in 
3.10 	paragraph (b). 
3.11 	(b) The court may order sole legal or physical custody to a party over the objection 
3.12 	of a parent only upon a showing, by clear and convincing evidence, that:
3.13 	(1) preserving the objecting parent??a??a??s custodial rights or making an award of joint 
3.14 	legal and physical custody endangers the child??a??a??s physical or emotional health or will 
3.15 	impair the child??a??a??s emotional development;  
3.16 	(2) the harm likely to be caused by an award of sole legal or physical custody is 
3.17 	outweighed by the advantage to the child of the award; and  
3.18 	(3) an award of sole legal or physical custody, or both, is necessary to serve the 
3.19 	best interests of the child.  
3.20 	(c)  In any case in which a court orders sole legal or physical custody of a child over 
3.21 	the objection of a parent of the child, the court shall make detailed findings on each of 
3.22 	the factors in paragraph (b), and each of the factors in subdivision 1 and explain how the 
3.23 	factors led to its determination that sole legal or physical custody, or both, is necessary to 
3.24 	serve the best interests of the child.

3.25 	Sec. 3. Minnesota Statutes 2004, section 518.17, subdivision 3, is amended to read:
3.26 		Subd. 3.Custody order. (a) Upon adjudging the nullity of a marriage, or in a 
3.27 	dissolution or separation proceeding, or in a child custody proceeding, the court shall 
3.28 	make such further order as it deems just and proper concerning:
3.29 	(1) the legal custody of the minor children of the parties which shall be sole or joint;
3.30 	(2) their physical custody and residence, which shall be sole or joint; and
3.31 	(3) their support. In determining custody, the court shall consider the best interests of 
3.32 	each child and, in those cases where they are applicable, the factors set out in subdivision 
3.33 	2a, and shall not prefer one parent over the other solely on the basis of the sex of the parent.
4.1 	(b) The court shall grant the following rights to each of the parties, unless specific 
4.2 	findings are made under section  518.68, subdivision 1. Each party has the right of access 
4.3 	to, and to receive copies of, school, medical, dental, religious training, and other important 
4.4 	records and information about the minor children. Each party has the right of access to 
4.5 	information regarding health or dental insurance available to the minor children. Each 
4.6 	party shall keep the other party informed as to the name and address of the school of 
4.7 	attendance of the minor children. Each party has the right to be informed by school 
4.8 	officials about the children's welfare, educational progress and status, and to attend school 
4.9 	and parent-teacher conferences. The school is not required to hold a separate conference 
4.10 	for each party. In case of an accident or serious illness of a minor child, each party shall 
4.11 	notify the other party of the accident or illness, and the name of the health care provider 
4.12 	and the place of treatment. Each party has the right to reasonable access and telephone 
4.13 	contact with the minor children. The court may waive any of the rights under this section 
4.14 	if it finds it is necessary to protect the welfare safety or health of a party or child. 

4.15 	Sec. 4.  REPEALER.
 4.16 	Minnesota Statutes 2004, section 518.17, subdivision 2, is repealed.

4.17 	Sec. 5. EFFECTIVE DATE.
 4.18 	This act is effective the day following final enactment.