Courts required to recognize the fundamental right to the parent-child relationship in child custody and parenting time determinations.

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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