| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to family law; requiring a court to consider allegations against a parent of |
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| 3 | 3 | | 1.3 domestic abuse or child abuse in dissolution, child custody, and parenting time |
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| 4 | 4 | | 1.4 proceedings; amending Minnesota Statutes 2024, sections 518.165, by adding a |
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| 5 | 5 | | 1.5 subdivision; 518.17, subdivisions 1, 3, by adding subdivisions; 518.175, |
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| 6 | 6 | | 1.6 subdivisions 1, 1a, 5. |
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| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 518.165, is amended by adding a subdivision |
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| 9 | 9 | | 1.9to read: |
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| 10 | 10 | | 1.10 Subd. 7.Training.A court appointing a guardian ad litem under subdivision 2 in a |
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| 11 | 11 | | 1.11proceeding for child custody, marriage dissolution, or legal separation where custody or |
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| 12 | 12 | | 1.12parenting time with a minor child is an issue shall make reasonable efforts to appoint a |
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| 13 | 13 | | 1.13guardian ad litem who received evidence-based education and training relating to domestic |
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| 14 | 14 | | 1.14abuse, child abuse, including child sexual abuse, and the effects of child abuse and domestic |
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| 15 | 15 | | 1.15abuse on children. |
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| 16 | 16 | | 1.16 Sec. 2. Minnesota Statutes 2024, section 518.17, subdivision 1, is amended to read: |
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| 17 | 17 | | 1.17 Subdivision 1.Best interests of the child.(a) In evaluating the best interests of the child |
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| 18 | 18 | | 1.18for purposes of determining issues of custody and parenting time, the court must consider |
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| 19 | 19 | | 1.19and evaluate all relevant factors, including: |
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| 20 | 20 | | 1.20 (1) a child's physical, emotional, cultural, spiritual, and other needs, and the effect of |
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| 21 | 21 | | 1.21the proposed arrangements on the child's needs and development; |
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| 22 | 22 | | 1Sec. 2. |
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| 23 | 23 | | 25-01226 as introduced12/13/24 REVISOR BD/KR |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 706NINETY-FOURTH SESSION |
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| 27 | 27 | | (SENATE AUTHORS: LUCERO) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading01/27/2025 |
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| 30 | 30 | | Referred to Judiciary and Public Safety 2.1 (2) any special medical, mental health, developmental disability, or educational needs |
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| 31 | 31 | | 2.2that the child may have that may require special parenting arrangements or access to |
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| 32 | 32 | | 2.3recommended services; |
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| 33 | 33 | | 2.4 (3) the reasonable preference of the child based on the child's developmental stage, |
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| 34 | 34 | | 2.5maturity, and judgment, if the court deems the child to be of sufficient ability, age, and |
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| 35 | 35 | | 2.6maturity to express an independent, reliable preference. In assessing this factor, if the court |
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| 36 | 36 | | 2.7finds that the child's fear of a parent or party is based on the parent's or party's actual and |
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| 37 | 37 | | 2.8specific conduct that is contrary to the child's best interests, the court must weigh this factor |
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| 38 | 38 | | 2.9heavily in determining the custody of the child and parenting time with the child; |
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| 39 | 39 | | 2.10 (4) whether domestic abuse, as defined in section 518B.01, or child abuse has occurred |
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| 40 | 40 | | 2.11in the parents' or either parent's household or relationship; the nature and context of the |
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| 41 | 41 | | 2.12domestic abuse or child abuse; and the implications of the domestic abuse or child abuse |
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| 42 | 42 | | 2.13for parenting and for the child's safety, well-being, and developmental needs; |
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| 43 | 43 | | 2.14 (5) any physical, mental, or chemical health issue of a parent that affects the child's |
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| 44 | 44 | | 2.15safety or developmental needs; |
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| 45 | 45 | | 2.16 (6) the history and nature of each parent's participation in providing care for the child; |
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| 46 | 46 | | 2.17 (7) the willingness and ability of each parent to provide ongoing care for the child; to |
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| 47 | 47 | | 2.18meet the child's ongoing developmental, emotional, spiritual, and cultural needs; and to |
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| 48 | 48 | | 2.19maintain consistency and follow through with parenting time; |
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| 49 | 49 | | 2.20 (8) the need for stability and continuity in the child's home, school, and community and |
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| 50 | 50 | | 2.21the effect on the child's well-being and development of changes to home, school, and |
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| 51 | 51 | | 2.22community, except if changes are necessary to protect the health or safety of the child or a |
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| 52 | 52 | | 2.23party; |
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| 53 | 53 | | 2.24 (9) the effect of the proposed arrangements on the ongoing relationships between the |
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| 54 | 54 | | 2.25child and each parent, siblings, and other significant persons in the child's life; |
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| 55 | 55 | | 2.26 (10) the benefit to the child in maximizing parenting time with both parents and the |
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| 56 | 56 | | 2.27detriment to the child in limiting parenting time with either parent; |
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| 57 | 57 | | 2.28 (11) except in cases in which domestic abuse as described in clause (4) has occurred, |
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| 58 | 58 | | 2.29the disposition of each parent to support the child's relationship with the other parent and |
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| 59 | 59 | | 2.30to encourage and permit frequent and continuing contact between the child and the other |
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| 60 | 60 | | 2.31parent; and |
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| 61 | 61 | | 2.32 (12) the willingness and ability of parents to cooperate in the rearing of their child; to |
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| 62 | 62 | | 2.33maximize sharing information and minimize exposure of the child to parental conflict; and |
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| 63 | 63 | | 2Sec. 2. |
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| 64 | 64 | | 25-01226 as introduced12/13/24 REVISOR BD/KR 3.1to utilize methods for resolving disputes regarding any major decision concerning the life |
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| 65 | 65 | | 3.2of the child.; and |
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| 66 | 66 | | 3.3 (13) the attempts of a parent or party to turn the child against the other party or parent, |
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| 67 | 67 | | 3.4except in cases of domestic abuse where reasonable safety measures are necessary to protect |
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| 68 | 68 | | 3.5the health or safety of the child. A parent's or party's reasonable efforts to protect the child |
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| 69 | 69 | | 3.6shall not be considered to be attempts to turn the child against the other parent or party. A |
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| 70 | 70 | | 3.7child's deficient or negative relationship with a parent or party shall not be presumed to be |
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| 71 | 71 | | 3.8caused by the other party. |
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| 72 | 72 | | 3.9 (b) If the court finds that a parent or party has limited parenting time with the other |
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| 73 | 73 | | 3.10parent under paragraph (a), clause (10); failed to support the child's relationship with the |
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| 74 | 74 | | 3.11other parent or party under paragraph (a), clause (11); or failed to cooperate with the other |
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| 75 | 75 | | 3.12parent or party in rearing their child under paragraph (a), clause (12), the court shall not |
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| 76 | 76 | | 3.13adversely weigh this factor against a parent or party if the circumstances were in response |
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| 77 | 77 | | 3.14to abuse or necessary to protect the child or an abused household member from harm. |
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| 78 | 78 | | 3.15 (b) (c) Clauses (1) to (9) govern the application of the best interests of the child factors |
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| 79 | 79 | | 3.16by the court: |
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| 80 | 80 | | 3.17 (1) The court must make detailed findings on each of the factors in paragraph (a) based |
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| 81 | 81 | | 3.18on the evidence presented and explain how each factor led to its conclusions and to the |
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| 82 | 82 | | 3.19determination of custody and parenting time. The court may not use one factor to the |
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| 83 | 83 | | 3.20exclusion of all others, and the court shall consider that the factors may be interrelated. |
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| 84 | 84 | | 3.21 (2) The court shall consider that it is in the best interests of the child to promote the |
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| 85 | 85 | | 3.22child's healthy growth and development through safe, stable, nurturing relationships between |
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| 86 | 86 | | 3.23a child and both parents. In determining custody, the court must consider the best interests |
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| 87 | 87 | | 3.24of the child and must not prefer one parent over the other solely on the basis of the gender |
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| 88 | 88 | | 3.25of the parent. |
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| 89 | 89 | | 3.26 (3) The court shall consider both parents as having the capacity to develop and sustain |
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| 90 | 90 | | 3.27nurturing relationships with their children unless there are substantial reasons to believe |
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| 91 | 91 | | 3.28otherwise. In assessing whether parents are capable of sustaining nurturing relationships |
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| 92 | 92 | | 3.29with their children, the court shall recognize that there are many ways that parents can |
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| 93 | 93 | | 3.30respond to a child's needs with sensitivity and provide the child love and guidance, and |
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| 94 | 94 | | 3.31these may differ between parents and among cultures. |
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| 95 | 95 | | 3.32 (4) The court shall not consider conduct of a party that does not affect the party's |
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| 96 | 96 | | 3.33relationship with the child., unless the party is alleged to have committed domestic abuse |
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| 97 | 97 | | 3.34against a household member or child abuse against any child. In cases where a parent is |
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| 98 | 98 | | 3Sec. 2. |
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| 99 | 99 | | 25-01226 as introduced12/13/24 REVISOR BD/KR 4.1alleged to have committed domestic abuse against a household member or child abuse |
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| 100 | 100 | | 4.2against a child, the court must make a finding by a preponderance of the evidence whether |
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| 101 | 101 | | 4.3or not the parent committed domestic abuse or child abuse. If the court finds that the parent |
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| 102 | 102 | | 4.4committed domestic abuse or child abuse, the court must first consider and weigh the |
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| 103 | 103 | | 4.5allegations of domestic abuse or child abuse before considering any other best interest |
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| 104 | 104 | | 4.6factors. |
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| 105 | 105 | | 4.7 (5) Disability alone, as defined in section 363A.03, of a proposed custodian or the child |
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| 106 | 106 | | 4.8shall not be determinative of the custody of the child. |
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| 107 | 107 | | 4.9 (6) The court shall consider evidence of a violation of section 609.507 in determining |
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| 108 | 108 | | 4.10the best interests of the child. |
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| 109 | 109 | | 4.11 (7) There is no presumption for or against joint physical custody, except as provided in |
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| 110 | 110 | | 4.12clause (9). |
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| 111 | 111 | | 4.13 (8) Joint physical custody does not require an absolutely equal division of time. |
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| 112 | 112 | | 4.14 (9) The court shall use a rebuttable presumption that upon request of either or both |
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| 113 | 113 | | 4.15parties, joint legal custody is in the best interests of the child. However, the court shall use |
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| 114 | 114 | | 4.16a rebuttable presumption that joint legal custody or joint physical custody is not in the best |
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| 115 | 115 | | 4.17interests of the child if a parent is alleged to have committed domestic abuse, as defined in |
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| 116 | 116 | | 4.18section 518B.01, has occurred between the parents against a household member or child |
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| 117 | 117 | | 4.19abuse against any child and the court finds by a preponderance of the evidence that the |
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| 118 | 118 | | 4.20parent committed domestic abuse against the household member or child abuse against any |
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| 119 | 119 | | 4.21child. In determining whether the presumption is rebutted, the court shall consider the nature |
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| 120 | 120 | | 4.22and context of the domestic abuse or child abuse and the implications of the domestic abuse |
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| 121 | 121 | | 4.23or child abuse for parenting and for the child's safety, well-being, and developmental needs. |
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| 122 | 122 | | 4.24Disagreement alone over whether to grant sole or joint custody does not constitute an |
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| 123 | 123 | | 4.25inability of parents to cooperate in the rearing of their children as referenced in paragraph |
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| 124 | 124 | | 4.26(a), clause (12). |
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| 125 | 125 | | 4.27 (c) (d) In a proceeding involving the custodial responsibility of a service member's child, |
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| 126 | 126 | | 4.28a court may not consider only a parent's past deployment or possible future deployment in |
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| 127 | 127 | | 4.29determining the best interests of the child. For purposes of this paragraph, "custodial |
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| 128 | 128 | | 4.30responsibility" has the meaning given in section 518E.102, paragraph (f). |
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| 129 | 129 | | 4Sec. 2. |
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| 130 | 130 | | 25-01226 as introduced12/13/24 REVISOR BD/KR 5.1 Sec. 3. Minnesota Statutes 2024, section 518.17, subdivision 3, is amended to read: |
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| 131 | 131 | | 5.2 Subd. 3.Custody order.(a) Upon adjudging the nullity of a marriage, or in a dissolution |
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| 132 | 132 | | 5.3or separation proceeding, or in a child custody proceeding, the court shall make such further |
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| 133 | 133 | | 5.4order as it deems just and proper concerning: |
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| 134 | 134 | | 5.5 (1) the legal custody of the minor children of the parties that shall be sole or joint; |
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| 135 | 135 | | 5.6 (2) their physical custody, parenting time, and residence; and |
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| 136 | 136 | | 5.7 (3) their support. |
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| 137 | 137 | | 5.8 (b) In cases where a parent is alleged to have committed an act of domestic abuse against |
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| 138 | 138 | | 5.9a household member or child abuse against any child, the court must make a finding by a |
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| 139 | 139 | | 5.10preponderance of the evidence whether or not the parent committed domestic abuse or child |
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| 140 | 140 | | 5.11abuse. If the court finds that the parent committed domestic abuse against a household |
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| 141 | 141 | | 5.12member or child abuse against any child, the court must consider whether there is an ongoing |
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| 142 | 142 | | 5.13risk of abuse to the subject child. There is a rebuttable presumption that the court shall |
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| 143 | 143 | | 5.14suspend a party's parenting time or shall only allow supervised parenting time for a party |
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| 144 | 144 | | 5.15who poses a risk of abuse to the child. A court must find that a maltreatment finding under |
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| 145 | 145 | | 5.16chapter 260E is sufficient evidence for a finding of child abuse under this paragraph. |
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| 146 | 146 | | 5.17 (b) (c) The court shall grant the rights listed in subdivision 3a to each of the parties, |
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| 147 | 147 | | 5.18regardless of custodial designation, unless specific findings are made under section 518.68, |
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| 148 | 148 | | 5.19subdivision 1. The court shall include in the custody order the notice under subdivision 3a. |
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| 149 | 149 | | 5.20 (c) (d) The court may waive any of the rights under this section if it finds it is necessary |
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| 150 | 150 | | 5.21to protect the welfare of a party or child. If the court finds that a party or parent has a history |
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| 151 | 151 | | 5.22of committing child abuse of a child or domestic abuse of a household member, or if the |
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| 152 | 152 | | 5.23court finds that a party or parent poses a present risk of harm to the child or a household |
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| 153 | 153 | | 5.24member and awards any form of custody or visitation to the party or parent who committed |
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| 154 | 154 | | 5.25the abuse, the court must order safety conditions, such as supervised parenting time, to |
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| 155 | 155 | | 5.26protect the child or household member. |
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| 156 | 156 | | 5.27 (e) If a court orders supervised parenting time or other safety conditions for a party or |
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| 157 | 157 | | 5.28parent's visits with the child, the custody order must include: |
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| 158 | 158 | | 5.29 (1) the court's reason for ordering supervised parenting time with the child or imposing |
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| 159 | 159 | | 5.30safety conditions; and |
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| 160 | 160 | | 5.31 (2) the court's explanation of why supervised parenting time with the party or parent are |
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| 161 | 161 | | 5.32in the best interests of the child. |
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| 162 | 162 | | 5Sec. 3. |
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| 163 | 163 | | 25-01226 as introduced12/13/24 REVISOR BD/KR 6.1 (f) If the court orders a parent or party to only have supervised parenting time with the |
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| 164 | 164 | | 6.2child, the court must continue to review the risk of harm to the child and need for supervised |
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| 165 | 165 | | 6.3parenting time on an annual basis. |
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| 166 | 166 | | 6.4 (d) (g) If a court order or law prohibits contact by a party, the notifications and |
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| 167 | 167 | | 6.5information required to be sent under subdivision 3a, clauses (1), (2), (3), (5), and (6), shall |
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| 168 | 168 | | 6.6not be made by direct communication of the parties. Third-party communication shall be |
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| 169 | 169 | | 6.7limited to the specific purposes delineated in this subdivision or subdivision 3a. Nothing in |
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| 170 | 170 | | 6.8this subdivision or subdivision 3a shall modify, suspend, revoke, or terminate a court order |
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| 171 | 171 | | 6.9or law that prohibits contact by a party. |
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| 172 | 172 | | 6.10 (e) (h) If one of the parties is a program participant under chapter 5B, the other party |
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| 173 | 173 | | 6.11shall send all information and notifications required under subdivision 3a, clauses (1), (2), |
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| 174 | 174 | | 6.12(3), (5), and (6), to the participant's designated address. The program participant is exempted |
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| 175 | 175 | | 6.13from the requirements of subdivision 3a. |
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| 176 | 176 | | 6.14 (f) (i) Failure to notify or inform a party of rights under subdivision 3a does not form a |
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| 177 | 177 | | 6.15basis for modification under section 518.18, paragraph (d), clause (iv), unless other grounds |
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| 178 | 178 | | 6.16are alleged which would support a modification. |
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| 179 | 179 | | 6.17 Sec. 4. Minnesota Statutes 2024, section 518.17, is amended by adding a subdivision to |
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| 180 | 180 | | 6.18read: |
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| 181 | 181 | | 6.19 Subd. 7.Custody and parenting time; health and safety of the child.(a) |
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| 182 | 182 | | 6.20Notwithstanding any other provision of law to the contrary, a court making a determination |
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| 183 | 183 | | 6.21based on the best interests of a child pursuant to this chapter shall prioritize and promote |
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| 184 | 184 | | 6.22the child's health and safety when making this determination. A court must promote the |
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| 185 | 185 | | 6.23safety of a child, including preventing direct physical or emotional harm to the child. |
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| 186 | 186 | | 6.24 (b) Prior to issuing any custody or parenting time order, the court must determine the |
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| 187 | 187 | | 6.25child's safety by considering all relevant factors and by giving weighted consideration to |
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| 188 | 188 | | 6.26all factors that affect the health and safety of the child, including but not limited to: |
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| 189 | 189 | | 6.27 (1) whether either parent or party is more likely to ensure the protection of the child's |
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| 190 | 190 | | 6.28health and safety. There is a rebuttable presumption that the court must not award the child's |
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| 191 | 191 | | 6.29custody or unsupervised parenting time to a parent or party who jeopardizes the health or |
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| 192 | 192 | | 6.30safety of the child; |
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| 193 | 193 | | 6.31 (2) the child's need for stability and continuity in the child's education, family life, and |
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| 194 | 194 | | 6.32community life, except if changes are necessary to protect the health or safety of the child |
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| 195 | 195 | | 6.33or a parent or party; |
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| 196 | 196 | | 6Sec. 4. |
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| 197 | 197 | | 25-01226 as introduced12/13/24 REVISOR BD/KR 7.1 (3) whether either parent or party jeopardizes the health or safety of the child by placing |
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| 198 | 198 | | 7.2the child at substantial risk of abuse; |
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| 199 | 199 | | 7.3 (4) whether a parent or a party has committed domestic abuse against a household |
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| 200 | 200 | | 7.4member, including past or current orders for protection where there was a finding of abuse; |
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| 201 | 201 | | 7.5 (5) whether either parent or party has committed an act of child abuse against any child; |
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| 202 | 202 | | 7.6 (6) whether either parent or party is better able or more likely to meet the child's daily |
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| 203 | 203 | | 7.7physical, emotional, developmental, educational, and special needs; and |
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| 204 | 204 | | 7.8 (7) the existence of an order for protection with no finding of domestic abuse or child |
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| 205 | 205 | | 7.9abuse if, upon reviewing the facts presented at the custody hearing, the court finds that |
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| 206 | 206 | | 7.10domestic abuse or child abuse occurred. |
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| 207 | 207 | | 7.11 (c) A court must not presume that a child's deficient or negative relationship with a |
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| 208 | 208 | | 7.12parent was caused by the other parent. A court must not separate a child from a parent or |
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| 209 | 209 | | 7.13party who is the child's primary attachment figure for the purpose of improving a deficient |
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| 210 | 210 | | 7.14relationship with another parent or party. |
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| 211 | 211 | | 7.15 (d) In cases in which the court has found that a household member is the victim of |
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| 212 | 212 | | 7.16domestic abuse or in which child abuse has occurred or is occurring: |
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| 213 | 213 | | 7.17 (1) the court shall not base decisions on a legal presumption of shared parenting; and |
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| 214 | 214 | | 7.18 (2) all costs, including attorney and expert fees, incurred by the nonoffending parent |
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| 215 | 215 | | 7.19and the child shall be paid by the parent whom the court has found to have committed child |
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| 216 | 216 | | 7.20abuse or domestic abuse, unless the offending parent has insufficient means to pay the costs. |
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| 217 | 217 | | 7.21 Sec. 5. Minnesota Statutes 2024, section 518.17, is amended by adding a subdivision to |
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| 218 | 218 | | 7.22read: |
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| 219 | 219 | | 7.23 Subd. 8.Training required.(a) Before a judge or magistrate handles child custody or |
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| 220 | 220 | | 7.24parenting time proceedings in which a party or parent is alleged to have committed domestic |
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| 221 | 221 | | 7.25abuse against a household member or child abuse against a child, the judge or magistrate |
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| 222 | 222 | | 7.26must complete at least 20 hours of training on handling domestic abuse and child abuse |
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| 223 | 223 | | 7.27cases. The training must include but is not limited to: |
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| 224 | 224 | | 7.28 (1) training about the maltreatment of children under chapter 260E; |
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| 225 | 225 | | 7.29 (2) training about sexual abuse of children under chapter 260E; |
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| 226 | 226 | | 7.30 (3) training about physical abuse of children under chapter 260E; |
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| 227 | 227 | | 7.31 (4) training about implicit and explicit bias; |
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| 228 | 228 | | 7Sec. 5. |
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| 229 | 229 | | 25-01226 as introduced12/13/24 REVISOR BD/KR 8.1 (5) training about trauma and child neglect; and |
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| 230 | 230 | | 8.2 (6) training about the impact of child abuse and domestic violence on children. |
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| 231 | 231 | | 8.3 (b) The training under paragraph (a) shall include the latest best practices from |
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| 232 | 232 | | 8.4evidence-based, peer-reviewed research by recognized experts in the types of child abuse |
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| 233 | 233 | | 8.5specified under paragraph (a). |
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| 234 | 234 | | 8.6 (c) District courts shall offer training under this paragraph to court personnel, including |
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| 235 | 235 | | 8.7guardian ad litems, on the impact of child abuse, domestic abuse, and trauma on a child |
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| 236 | 236 | | 8.8victim and situations in which a party attempts to turn a child against another party. |
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| 237 | 237 | | 8.9 Sec. 6. Minnesota Statutes 2024, section 518.175, subdivision 1, is amended to read: |
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| 238 | 238 | | 8.10 Subdivision 1.General.(a) In all proceedings for dissolution or legal separation, |
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| 239 | 239 | | 8.11subsequent to the commencement of the proceeding and continuing thereafter during the |
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| 240 | 240 | | 8.12minority of the child, the court shall, upon the request of either parent, grant such parenting |
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| 241 | 241 | | 8.13time on behalf of the child and a parent as will enable the child and the parent to maintain |
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| 242 | 242 | | 8.14a child to parent relationship that will be in the best interests of the child except when a |
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| 243 | 243 | | 8.15parent is alleged to have committed domestic abuse against a household member or child |
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| 244 | 244 | | 8.16abuse against any child. If a parent is alleged to have committed domestic abuse against a |
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| 245 | 245 | | 8.17household member or child abuse against any child, the court must make a finding by a |
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| 246 | 246 | | 8.18preponderance of the evidence whether or not the parent committed an act of domestic abuse |
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| 247 | 247 | | 8.19or child abuse. If the court finds that the parent committed an act of domestic abuse or child |
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| 248 | 248 | | 8.20abuse, the court must first weigh and consider the allegations of domestic abuse or child |
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| 249 | 249 | | 8.21abuse before considering any other best interest factors. The court, when issuing a parenting |
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| 250 | 250 | | 8.22time order, may reserve a determination as to the future establishment or expansion of a |
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| 251 | 251 | | 8.23parent's parenting time. In that event, the best interest standard set forth in subdivision 5, |
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| 252 | 252 | | 8.24paragraph (a), shall be applied to a subsequent motion to establish or expand parenting time. |
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| 253 | 253 | | 8.25 (b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger |
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| 254 | 254 | | 8.26the child's physical, mental, or emotional health or safety or impair the child's emotional |
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| 255 | 255 | | 8.27development, the court shall restrict parenting time with that parent as to time, place, duration, |
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| 256 | 256 | | 8.28or supervision and may deny parenting time entirely, as the circumstances warrant. If the |
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| 257 | 257 | | 8.29court awards custody or grants parenting time to a party after finding that: (1) the party has |
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| 258 | 258 | | 8.30a history of domestic abuse of a household member or child abuse of any child; or (2) the |
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| 259 | 259 | | 8.31party poses a present risk of harm to a child or household member, the court must order |
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| 260 | 260 | | 8.32safety conditions, such as supervised parenting time and limitations on the time of day or |
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| 261 | 261 | | 8.33maximum number of hours that parenting time takes place. The court shall consider the age |
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| 262 | 262 | | 8Sec. 6. |
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| 263 | 263 | | 25-01226 as introduced12/13/24 REVISOR BD/KR 9.1of the child and the child's relationship with the parent prior to the commencement of the |
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| 264 | 264 | | 9.2proceeding. |
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| 265 | 265 | | 9.3 (c) A parent's failure to pay support because of the parent's inability to do so shall not |
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| 266 | 266 | | 9.4be sufficient cause for denial of parenting time. |
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| 267 | 267 | | 9.5 (d) The court may provide that a law enforcement officer or other appropriate person |
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| 268 | 268 | | 9.6will accompany a party seeking to enforce or comply with parenting time. |
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| 269 | 269 | | 9.7 (e) Upon request of either party, to the extent practicable an order for parenting time |
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| 270 | 270 | | 9.8must include a specific schedule for regular parenting time, including the frequency and |
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| 271 | 271 | | 9.9duration of parenting time and parenting time during holidays, vacations, and school breaks |
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| 272 | 272 | | 9.10unless parenting time is restricted, denied, or reserved. |
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| 273 | 273 | | 9.11 (f) The court administrator shall provide a form for a pro se motion regarding parenting |
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| 274 | 274 | | 9.12time disputes, which includes provisions for indicating the relief requested, an affidavit in |
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| 275 | 275 | | 9.13which the party may state the facts of the dispute, and a brief description of the parenting |
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| 276 | 276 | | 9.14time expeditor process under section 518.1751. The form may not include a request for a |
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| 277 | 277 | | 9.15change of custody. The court shall provide instructions on serving and filing the motion. |
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| 278 | 278 | | 9.16 (g) In the absence of other evidence, there is a rebuttable presumption that a child must |
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| 279 | 279 | | 9.17receive a minimum of at least 25 percent of the parenting time with each parent. For purposes |
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| 280 | 280 | | 9.18of this paragraph, the percentage of parenting time may be determined by calculating the |
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| 281 | 281 | | 9.19number of overnights that a child spends with a parent or by using a method other than |
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| 282 | 282 | | 9.20overnights if the parent has significant time periods on separate days when the child is in |
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| 283 | 283 | | 9.21the parent's physical custody but does not stay overnight. The court may consider the age |
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| 284 | 284 | | 9.22of the child in determining whether a child is with a parent for a significant period of time. |
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| 285 | 285 | | 9.23 Sec. 7. Minnesota Statutes 2024, section 518.175, subdivision 1a, is amended to read: |
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| 286 | 286 | | 9.24 Subd. 1a.Domestic abuse; child abuse; supervised parenting time.(a) If a parent |
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| 287 | 287 | | 9.25requests supervised parenting time under subdivision 1 or 5 and an order for protection |
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| 288 | 288 | | 9.26under chapter 518B or a similar law of another state is in effect against the other parent to |
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| 289 | 289 | | 9.27protect the parent with whom the child resides or the child, the judge or judicial officer must |
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| 290 | 290 | | 9.28consider the order for protection in making a decision regarding parenting time. |
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| 291 | 291 | | 9.29 (b) If a parent is alleged to have committed domestic abuse against a household member |
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| 292 | 292 | | 9.30or child abuse against any child, the court must make a finding by a preponderance of the |
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| 293 | 293 | | 9.31evidence whether or not the parent committed domestic abuse or child abuse. If the court |
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| 294 | 294 | | 9.32finds that the parent committed domestic abuse or child abuse, the court must first weigh |
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| 295 | 295 | | 9Sec. 7. |
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| 296 | 296 | | 25-01226 as introduced12/13/24 REVISOR BD/KR 10.1and consider the allegations of domestic abuse or child abuse before considering any other |
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| 297 | 297 | | 10.2best interest factors when making a decision regarding parenting time. |
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| 298 | 298 | | 10.3 (b) (c) The state court administrator, in consultation with representatives of parents and |
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| 299 | 299 | | 10.4other interested persons, shall develop standards to be met by persons who are responsible |
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| 300 | 300 | | 10.5for supervising parenting time. Either parent may challenge the appropriateness of an |
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| 301 | 301 | | 10.6individual chosen by the court to supervise parenting time. |
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| 302 | 302 | | 10.7 Sec. 8. Minnesota Statutes 2024, section 518.175, subdivision 5, is amended to read: |
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| 303 | 303 | | 10.8 Subd. 5.Modification of parenting plan or order for parenting time.(a) If a parenting |
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| 304 | 304 | | 10.9plan or an order granting parenting time cannot be used to determine the number of overnights |
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| 305 | 305 | | 10.10or overnight equivalents the child has with each parent, the court shall modify the parenting |
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| 306 | 306 | | 10.11plan or order granting parenting time so that the number of overnights or overnight |
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| 307 | 307 | | 10.12equivalents the child has with each parent can be determined. For purposes of this section, |
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| 308 | 308 | | 10.13"overnight equivalents" has the meaning given in section 518A.36, subdivision 1. |
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| 309 | 309 | | 10.14 (b) If modification would serve the best interests of the child, the court shall modify the |
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| 310 | 310 | | 10.15decision-making provisions of a parenting plan or an order granting or denying parenting |
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| 311 | 311 | | 10.16time, if the modification would not change the child's primary residence. Consideration of |
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| 312 | 312 | | 10.17a child's best interest includes a child's changing developmental needs. |
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| 313 | 313 | | 10.18 (c) Except as provided in section 631.52, the court may not restrict a parent's parenting |
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| 314 | 314 | | 10.19time unless it finds that: |
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| 315 | 315 | | 10.20 (1) a parent is alleged to have committed domestic abuse against a household member |
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| 316 | 316 | | 10.21or child abuse against any child and the court has found by a preponderance of the evidence |
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| 317 | 317 | | 10.22that the parent committed domestic abuse or child abuse; |
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| 318 | 318 | | 10.23 (1) (2) the court finds that parenting time is likely to endanger the child's physical or |
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| 319 | 319 | | 10.24emotional health or impair the child's emotional development; or |
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| 320 | 320 | | 10.25 (2) (3) the court finds that the parent has chronically and unreasonably failed to comply |
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| 321 | 321 | | 10.26with court-ordered parenting time. |
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| 322 | 322 | | 10.27A modification of parenting time which increases a parent's percentage of parenting time |
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| 323 | 323 | | 10.28to an amount that is between 45.1 to 54.9 percent parenting time is not a restriction of the |
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| 324 | 324 | | 10.29other parent's parenting time. |
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| 325 | 325 | | 10.30 (d) If a parent makes specific allegations that parenting time by the other parent places |
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| 326 | 326 | | 10.31the parent or child in danger of harm, such as when the other parent is alleged to have |
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| 327 | 327 | | 10.32committed domestic abuse against a household member or child abuse against any child, |
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| 328 | 328 | | 10Sec. 8. |
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| 329 | 329 | | 25-01226 as introduced12/13/24 REVISOR BD/KR 11.1the court shall hold a hearing at the earliest possible time to determine the need to modify |
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| 330 | 330 | | 11.2the order granting parenting time. If a parent is alleged to have committed domestic abuse |
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| 331 | 331 | | 11.3against a household member or child abuse against any child, the court must make a finding |
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| 332 | 332 | | 11.4by a preponderance of the evidence whether or not the parent committed domestic abuse |
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| 333 | 333 | | 11.5or child abuse. If the court finds that the parent committed domestic abuse or child abuse, |
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| 334 | 334 | | 11.6the court must first weigh and consider allegations of domestic abuse or child abuse before |
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| 335 | 335 | | 11.7considering any other best interest factors when making a decision regarding parenting time. |
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| 336 | 336 | | 11.8Consistent with subdivision 1a, the court may require a third party, including the local social |
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| 337 | 337 | | 11.9services agency, to supervise the parenting time or may restrict a parent's parenting time if |
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| 338 | 338 | | 11.10necessary to protect the other parent or child from harm. If there is an existing order for |
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| 339 | 339 | | 11.11protection governing the parties, the court shall consider the use of an independent, neutral |
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| 340 | 340 | | 11.12exchange location for parenting time. |
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| 341 | 341 | | 11Sec. 8. |
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| 342 | 342 | | 25-01226 as introduced12/13/24 REVISOR BD/KR |
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