Bill Text: MN SF1402 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Parenting time presumption increase in joint custody proceedings
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-30 - Chief author added Jungbauer [SF1402 Detail]
Download: Minnesota-2011-SF1402-Engrossed.html
1.2relating to family law; increasing the parenting time presumption;amending
1.3Minnesota Statutes 2010, section 518.175, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:
1.6 Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
1.7subsequent to the commencement of the proceeding and continuing thereafter during
1.8the minority of the child, the court shall, upon the request of either parent, grant such
1.9parenting time on behalf of the child and a parent as will enable the child and the parent to
1.10maintain a child to parent relationship that will be in the best interests of the child.
1.11 If the court finds, after a hearing, that parenting time with a parent is likely
1.12to endanger the child's physical or emotional health or impair the child's emotional
1.13development, the court shall restrict parenting time with that parent as to time, place,
1.14duration, or supervision and may deny parenting time entirely, as the circumstances
1.15warrant. The court shall consider the age of the child and the child's relationship with the
1.16parent prior to the commencement of the proceeding.
1.17 A parent's failure to pay support because of the parent's inability to do so shall not be
1.18sufficient cause for denial of parenting time.
1.19 (b) The court may provide that a law enforcement officer or other appropriate person
1.20will accompany a party seeking to enforce or comply with parenting time.
1.21 (c) Upon request of either party, to the extent practicable an order for parenting
1.22time must include a specific schedule for parenting time, including the frequency and
1.23duration of visitation and visitation during holidays and vacations, unless parenting time
1.24is restricted, denied, or reserved.
2.1 (d) The court administrator shall provide a form for a pro se motion regarding
2.2parenting time disputes, which includes provisions for indicating the relief requested, an
2.3affidavit in which the party may state the facts of the dispute, and a brief description of
2.4the parenting time expeditor process under section518.1751 . The form may not include
2.5a request for a change of custody. The court shall provide instructions on serving and
2.6filing the motion.
2.7 (e) In the absence of other evidence, there is a rebuttable presumption that a parent is
2.8entitled to receive at least25 40 percent of the parenting time for the child. For purposes
2.9of this paragraph, the percentage of parenting time may be determined by calculating the
2.10number of overnights that a child spends with a parent or by using a method other than
2.11overnights if the parent has significant time periods on separate days when the child is in
2.12the parent's physical custody but does not stay overnight. The court may consider the age
2.13of the child in determining whether a child is with a parent for a significant period of time.
2.14 Sec. 2. EFFECTIVE DATE; APPLICATION.
2.15 (a) Section 1 is effective January 1, 2013, and applies to orders adopted or modified
2.16on or after that date.
2.17 (b) There must be no modification of an existing parenting time order based on the
2.18amendment to the parenting time presumption under section 1 until July 1, 2014, unless
2.19the child's environment presently endangers the child's physical or emotional health or
2.20impairs the child's emotional development.
1.3Minnesota Statutes 2010, section 518.175, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:
1.6 Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
1.7subsequent to the commencement of the proceeding and continuing thereafter during
1.8the minority of the child, the court shall, upon the request of either parent, grant such
1.9parenting time on behalf of the child and a parent as will enable the child and the parent to
1.10maintain a child to parent relationship that will be in the best interests of the child.
1.11 If the court finds, after a hearing, that parenting time with a parent is likely
1.12to endanger the child's physical or emotional health or impair the child's emotional
1.13development, the court shall restrict parenting time with that parent as to time, place,
1.14duration, or supervision and may deny parenting time entirely, as the circumstances
1.15warrant. The court shall consider the age of the child and the child's relationship with the
1.16parent prior to the commencement of the proceeding.
1.17 A parent's failure to pay support because of the parent's inability to do so shall not be
1.18sufficient cause for denial of parenting time.
1.19 (b) The court may provide that a law enforcement officer or other appropriate person
1.20will accompany a party seeking to enforce or comply with parenting time.
1.21 (c) Upon request of either party, to the extent practicable an order for parenting
1.22time must include a specific schedule for parenting time, including the frequency and
1.23duration of visitation and visitation during holidays and vacations, unless parenting time
1.24is restricted, denied, or reserved.
2.1 (d) The court administrator shall provide a form for a pro se motion regarding
2.2parenting time disputes, which includes provisions for indicating the relief requested, an
2.3affidavit in which the party may state the facts of the dispute, and a brief description of
2.4the parenting time expeditor process under section
2.5a request for a change of custody. The court shall provide instructions on serving and
2.6filing the motion.
2.7 (e) In the absence of other evidence, there is a rebuttable presumption that a parent is
2.8entitled to receive at least
2.9of this paragraph, the percentage of parenting time may be determined by calculating the
2.10number of overnights that a child spends with a parent or by using a method other than
2.11overnights if the parent has significant time periods on separate days when the child is in
2.12the parent's physical custody but does not stay overnight. The court may consider the age
2.13of the child in determining whether a child is with a parent for a significant period of time.
2.14 Sec. 2. EFFECTIVE DATE; APPLICATION.
2.15 (a) Section 1 is effective January 1, 2013, and applies to orders adopted or modified
2.16on or after that date.
2.17 (b) There must be no modification of an existing parenting time order based on the
2.18amendment to the parenting time presumption under section 1 until July 1, 2014, unless
2.19the child's environment presently endangers the child's physical or emotional health or
2.20impairs the child's emotional development.
