1997 Minnesota Statutes

     257A.03 Powers and duties of designated caregiver. 

    Subdivision 1.    General.  A designated caregiver has 
 all the powers regarding the care, custody, and financial 
 interests of a minor child specified in the designated caregiver 
 agreement, except as otherwise provided in this section.  A 
 designated caregiver does not have the power to consent to 
 marriage or adoption of the child. 

    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 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. 

    Subd. 3.    Child support.  A preexisting child support 
 order is not suspended or terminated during the time a child is 
 cared for by a designated caregiver, unless otherwise provided 
 by court order.  A designated caregiver has a cause of action 
 for child support against an absent parent under section 256.87, 
 subdivision 5. 

    HIST: 1996 c 455 art 6 s 6; 1997 c 65 s 4,5