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A bill for an act
relating to judiciary; requiring courts to recognize the fundamental right to the
parent-child relationship in child custody and parenting time determinations;
amending Minnesota Statutes 2024, section 518.155.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 518.155, is amended to read:
518.155 CUSTODY DETERMINATIONS.
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(a)
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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 parenting time of a parent unless the court
has jurisdiction over the matter pursuant to the provisions of chapter 518D.
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(b) Notwithstanding any law to the contrary, courts shall adhere to and uphold the
opinions issued in SooHoo v. Johnson, 731 N.W.2d 815 (Minn. 2007), and Troxel v.
Granville, 530 U.S. 57 (2000). A court or any practitioner involved in providing
recommendations to the court, in a proceeding for child custody or parenting time
determinations, must recognize and protect the fundamental right to the parent-child
relationship absent a finding of harm by clear and convincing evidence. The court shall use
appropriate judicial scrutiny afforded a fundamental right in decision making prior to
interfering, infringing, affecting, superseding, or limiting these rights. The court shall equally
protect the fundamental rights of each fit parent to the custody, care, and control of the
child. Marital status alone shall not restrict this fundamental right.
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