Parenting time determinations provisions modification

A bill for an act

relating to family law; amending provisions related to parenting time

determinations; amending Minnesota Statutes 2024, section 518.17, 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 (9) 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.

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

clause (9).

(8) Joint physical custody does not require an absolutely equal division of time.

(9) The court shall use a rebuttable presumption that upon request of either or both

parties, joint legal 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
new text begin
the amount of parenting time, parenting time schedule, or
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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).