Parenting time determinations provisions modifications

A bill for an act

relating to family law; modifying provisions related to parenting time

determinations; amending Minnesota Statutes 2024, section 518.175, subdivision

1.

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

Section 1.

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.
new text begin
The court shall

use a rebuttable presumption that it is in the best interests of the child to protect each

individual parent-child relationship by maximizing the child's time with each parent.
new text end
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)
deleted text begin
In the absence of other evidence
deleted text end
new text begin
Unless otherwise agreed
new text end
, there is a rebuttable

presumption that a child must receive a minimum of at least
deleted text begin
25
deleted text end
new text begin
50
new text end
percent of the parenting

time with each parent.
new text begin
If it is not practicable to award 50 percent of the parenting time to

each parent, the court shall maximize parenting time for each parent as close as possible to

the 50 percent presumption.
new text end
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.
deleted text begin

The court may consider the age of the child in determining whether a child is with a parent

for a significant period of time.
deleted text end

new text begin

(h) In a parenting time order, the court must include findings regarding the ability of

each parent to comply with the awarded parenting time schedule.

new text end

new text begin

(i) If a court deviates from the parenting time presumption under paragraph (g) and the

parties have not otherwise made a parenting time agreement, the court shall make written

findings of fact supported by clear and convincing evidence that the court has deviated from

the parenting time presumption because:

new text end

new text begin

(1) a parent has a mental illness that was diagnosed by a licensed physician or by a

licensed psychologist and the mental illness endangers the safety of the child based on the

opinion of the licensed physician or the licensed psychologist treating the parent;

new text end

new text begin

(2) a parent refuses or fails to complete a substance use disorder assessment ordered by

a court, or a parent refuses or fails to complete chemical dependency recommendations as

ordered by a licensed physician or by a licensed drug or alcohol counselor;

new text end

new text begin

(3) a parent is unable to care for the child 50 percent of the time because of the parent's

inability to modify the parent's schedule to accommodate having a child 50 percent of the

time. An inability to modify a parent's schedule includes but is not limited to work, school,

child care, or medical appointment scheduling conflicts that prevent a parent from

maintaining parenting time with a child to accommodate the presumption under this section.

A parent's provision of safe alternative care for the child when the parent is not available

during the parent's scheduled parenting time is not an inability of a parent to participate in

a parenting time schedule under this paragraph;

new text end

new text begin

(4) a parent repeatedly and willfully fails to comply with parenting time awarded pursuant

to a temporary order;

new text end

new text begin

(5) the distance required to travel between each parent's residence is so great that it is

impractical for each parent to have 50 percent parenting time;

new text end

new text begin

(6) the child has diagnosed medical or educational special needs that cannot be met if

the court follows the parenting time presumption; or

new text end

new text begin

(7) of a finding that the child is currently not safe in a parent's care.

new text end

new text begin

(j) In assessing whether to deviate from the parenting time presumption in paragraph

(g), the court shall consider that a reduction in a parent's parenting time may impair the

parent's ability to parent the child, which may have a negative impact on the child.

new text end

new text begin

(k) If a child does not have a relationship with a parent due to the parent's absence for

one year or more with minimal contact or no contact with the child or if the child is one

year old or younger, the court may order a gradual increase in parenting time. If the court

orders a gradual increase in parenting time, the gradual increase must only be in effect for

a period of one year or less, at which time the order must provide for a parenting time

schedule based on the parenting time presumption in paragraph (g).

new text end

new text begin

(l) The court shall not limit parenting time for a parent based solely on the age of the

child. If the child is five years old or younger at the time that the parenting time schedule

is established and the order does not provide for equal parenting time for each parent, the

order must include a provision for a possible future modification of the parenting time order.

new text end

new text begin

(m) The court shall not consider the gender of a parent or a parent's marital status or

relationship status when making parenting time determinations under this section.

new text end

new text begin

(n) It is not a deviation from the parenting time presumption in paragraph (g) if the court

awards parenting time of:

new text end

new text begin

(1) up to 53 percent to one parent and not below 47 percent to the other parent;

new text end

new text begin

(2) less than 50 percent to a parent when there is a finding that domestic abuse, as defined

in section 518B.01, has occurred between the parents or between a parent and child; or

new text end

new text begin

(3) less than 50 percent to a parent when that parent is convicted of a qualified domestic

violence-related offense, as defined in section 609.02, subdivision 16, when the domestic

violence-related offense occurred between the parents or between a parent and child.

new text end

new text begin

(o) When awarding parenting time, the court shall evaluate whether:

new text end

new text begin

(1) one parent has engaged in unwarranted interference between the child and the other

parent;

new text end

new text begin

(2) one parent has made false allegations of domestic abuse; and

new text end

new text begin

(3) one parent has chronically denied or minimized the parenting time of the other parent

in order to gain advantage in custody matters.

new text end