Custody and parenting time presumptions modifications

A bill for an act

relating to family law; modifying custody and parenting time presumptions;

amending Minnesota Statutes 2024, sections 518.17, subdivision 1; 518.175,

subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 518.17, subdivision 1, is amended to read:

Subdivision 1.

Best interests of the child.

(a) In evaluating the best interests of the child

for purposes of determining issues of custody and parenting time, the court must consider

and evaluate all relevant factors, including:

(1) a child's physical, emotional, cultural, spiritual, and other needs, and the effect of

the proposed arrangements on the child's needs and development;

(2) any special medical, mental health, developmental disability, or educational needs

that the child may have that may require special parenting arrangements or access to

recommended services;

(3) the reasonable preference of the child, if the court deems the child to be of sufficient

ability, age, and maturity to express an independent, reliable preference;

(4) whether domestic abuse, as defined in section
518B.01
, has occurred in the parents'

or either parent's household or relationship; the nature and context of the domestic abuse;

and the implications of the domestic abuse for parenting and for the child's safety, well-being,

and developmental needs;

(5) any physical, mental, or chemical health issue of a parent that affects the child's

safety or developmental needs;

(6) the history and nature of each parent's participation in providing care for the child;

(7) the willingness and ability of each parent to provide ongoing care for the child; to

meet the child's ongoing developmental, emotional, spiritual, and cultural needs; and to

maintain consistency and follow through with parenting time;

(8) the effect on the child's well-being and development of changes to home, school,

and community;

(9) the effect of the proposed arrangements on the ongoing relationships between the

child and each parent, siblings, and other significant persons in the child's life;

(10) the benefit to the child in maximizing parenting time with both parents and the

detriment to the child in limiting parenting time with either parent;

(11) except in cases in which domestic abuse as described in clause (4) has occurred,

the disposition of each parent to support the child's relationship with the other parent and

to encourage and permit frequent and continuing contact between the child and the other

parent; and

(12) the willingness and ability of parents to cooperate in the rearing of their child; to

maximize sharing information and minimize exposure of the child to parental conflict; and

to utilize methods for resolving disputes regarding any major decision concerning the life

of the child.

(b) Clauses (1) to
deleted text begin
(9)
deleted text end
new text begin
(8)
new text end
govern the application of the best interests of the child factors

by the court:

(1) The court must make detailed findings on each of the factors in paragraph (a) based

on the evidence presented and explain how each factor led to its conclusions and to the

determination of custody and parenting time. The court may not use one factor to the

exclusion of all others, and the court shall consider that the factors may be interrelated.

(2) The court shall consider that it is in the best interests of the child to promote the

child's healthy growth and development through safe, stable, nurturing relationships between

a child and both parents. In determining custody, the court must consider the best interests

of the child and must not prefer one parent over the other solely on the basis of the gender

of the parent.

(3) The court shall consider both parents as having the capacity to develop and sustain

nurturing relationships with their children unless there are substantial reasons to believe

otherwise. In assessing whether parents are capable of sustaining nurturing relationships

with their children, the court shall recognize that there are many ways that parents can

respond to a child's needs with sensitivity and provide the child love and guidance, and

these may differ between parents and among cultures.

(4) The court shall not consider conduct of a party that does not affect the party's

relationship with the child.

(5) Disability alone, as defined in section
363A.03
, of a proposed custodian or the child

shall not be determinative of the custody of the child.

(6) The court shall consider evidence of a violation of section
609.507
in determining

the best interests of the child.

deleted text begin

(7) There is no presumption for or against joint physical custody, except as provided in

clause (9).

deleted text end

deleted text begin

(8)
deleted text end
new text begin
(7)
new text end
Joint physical custody does not require an absolutely equal division of time.

deleted text begin

(9)
deleted text end
new text begin
(8)
new text end
The court shall use a rebuttable presumption that upon request of either or both

parties, joint legal
new text begin
and physical
new text end
custody is in the best interests of the child. However, the

court shall use a rebuttable presumption that joint legal custody or joint physical custody

is not in the best interests of the child if domestic abuse, as defined in section
518B.01
, has

occurred between the parents. In determining whether the presumption is rebutted, the court

shall consider the nature and context of the domestic abuse and the implications of the

domestic abuse for parenting and for the child's safety, well-being, and developmental needs.

Disagreement alone over whether to grant sole or joint custody does not constitute an

inability of parents to cooperate in the rearing of their children as referenced in paragraph

(a), clause (12).

(c) In a proceeding involving the custodial responsibility of a service member's child, a

court may not consider only a parent's past deployment or possible future deployment in

determining the best interests of the child. For purposes of this paragraph, "custodial

responsibility" has the meaning given in section
518E.102
, paragraph (f).

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective August 1, 2026, and applies to proceedings

beginning on or after that date.

new text end

Sec. 2.

Minnesota Statutes 2024, section 518.175, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) In all proceedings for dissolution or legal separation,

subsequent to the commencement of the proceeding and continuing thereafter during the

minority of the child, the court shall, upon the request of either parent, grant such parenting

time on behalf of the child and a parent as will enable the child and the parent to maintain

a child to parent relationship that will be in the best interests of the child. The court, when

issuing a parenting time order, may reserve a determination as to the future establishment

or expansion of a parent's parenting time. In that event, the best interest standard set forth

in subdivision 5, paragraph (a), shall be applied to a subsequent motion to establish or

expand parenting time.

(b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger

the child's physical, mental, or emotional health or safety or impair the child's emotional

development, the court shall restrict parenting time with that parent as to time, place, duration,

or supervision and may deny parenting time entirely, as the circumstances warrant. The

court shall consider the age of the child and the child's relationship with the parent prior to

the commencement of the proceeding.

(c) A parent's failure to pay support because of the parent's inability to do so shall not

be sufficient cause for denial of parenting time.

(d) The court may provide that a law enforcement officer or other appropriate person

will accompany a party seeking to enforce or comply with parenting time.

(e) Upon request of either party, to the extent practicable an order for parenting time

must include a specific schedule for regular parenting time, including the frequency and

duration of parenting time and parenting time during holidays, vacations, and school breaks

unless parenting time is restricted, denied, or reserved.

(f) The court administrator shall provide a form for a pro se motion regarding parenting

time disputes, which includes provisions for indicating the relief requested, an affidavit in

which the party may state the facts of the dispute, and a brief description of the parenting

time expeditor process under section
518.1751
. The form may not include a request for a

change of custody. The court shall provide instructions on serving and filing the motion.

(g) In the absence of other evidence, there is a rebuttable presumption that a child must

receive
deleted text begin
a minimum of at least 25
deleted text end
new text begin
50
new text end
percent of the parenting time with each parent. For

purposes of this paragraph, the percentage of parenting time may be determined by calculating

the number of overnights that a child spends with a parent or by using a method other than

overnights if the parent has significant time periods on separate days when the child is in

the parent's physical custody but does not stay overnight. The court may consider the age

of the child in determining whether a child is with a parent for a significant period of time.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective August 1, 2026, and applies to proceedings

beginning on or after that date.

new text end