Bill Text: MN HF292 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Child custody; parenting plans required by both parents.
Spectrum: Moderate Partisan Bill (Republican 8-1)
Status: (Introduced - Dead) 2011-02-09 - Committee report, to pass as amended and re-refer to Judiciary Policy and Finance [HF292 Detail]
Download: Minnesota-2011-HF292-Engrossed.html
1.2relating to families; requiring parenting plans;amending Minnesota Statutes
1.32010, section 518.1705, subdivisions 2, 3, 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 518.1705, subdivision 2, is amended to
1.6read:
1.7 Subd. 2. Plan elements. (a) A parenting plan must include the following:
1.8(1) a schedule of the time each parent spends with the child;
1.9(2) a designation of decision-making responsibilities regarding the child; and
1.10(3) a method of dispute resolution.
1.11(b) A parenting plan may include other issues and matters the parents agree to
1.12regarding the child.
1.13(c)Parents voluntarily agreeing to parenting plans A parenting plan or order may
1.14substitute other terms for physical and legal custody, including designations of joint or
1.15sole custody, provided that the terms used in the substitution are defined in the parenting
1.16plan or order.
1.17 Sec. 2. Minnesota Statutes 2010, section 518.1705, subdivision 3, is amended to read:
1.18 Subd. 3. Creating parenting plan; restrictions on creation; alternative. (a)
1.19Upon the request of both parents, a parenting plan must be created in lieu of an order for
1.20child custody and parenting time The court shall adopt a parenting plan proposed by
1.21both parents unless the court makes detailed findings that the proposed plan is not in the
1.22best interests of the child.
2.1(b) If both parents do not agree to a parenting plan, the courtmay create one shall
2.2issue a parenting order on its own motion,except that the court must not do so if it unless
2.3the court:
2.4(1) makes detailed findings that use of a parenting order is not feasible; or
2.5(2) finds that a parent has committed domestic abuse against a parent or child who is
2.6a party to, or subject of, the matter before the court.If the court creates a parenting plan
2.7on its own motion, it must not use alternative terminology unless the terminology is
2.8agreed to by the parties.
2.9(c) If an existing order does not contain a parenting plan, the parents must not be
2.10required to create a parenting plan as part of a modification order under section518A.39 .
2.11(d) A parenting plan must not be required during an action under section256.87 .
2.12(e) If the parents do not agree to a parenting plan and the court does not create one
2.13on its own motion, orders for custody and parenting time must be entered under sections
2.14518.17
and
518.175 or section
257.541 , as applicable.
2.15 Sec. 3. Minnesota Statutes 2010, section 518.1705, subdivision 4, is amended to read:
2.16 Subd. 4. Custody designation.A final judgment and decree that includes a
2.17parenting plan using alternate terms to designate decision-making responsibilities or
2.18allocation of residential time between the parents must designate whether the parents have
2.19joint legal custody or joint physical custody or which parent has sole legal custody or sole
2.20physical custody, or both. This designation is solely for enforcement of the final judgment
2.21and decree where this designation is required for that enforcement and has no effect
2.22under the laws of this state, any other state, or another country that do not require this
2.23designation. If the parenting plan or order does not designate legal and physical custody
2.24and such a designation is necessary for enforcement of the plan or order for any purpose, it
2.25must be presumed that the parents have joint legal and joint physical custody.
1.32010, section 518.1705, subdivisions 2, 3, 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 518.1705, subdivision 2, is amended to
1.6read:
1.7 Subd. 2. Plan elements. (a) A parenting plan must include the following:
1.8(1) a schedule of the time each parent spends with the child;
1.9(2) a designation of decision-making responsibilities regarding the child; and
1.10(3) a method of dispute resolution.
1.11(b) A parenting plan may include other issues and matters the parents agree to
1.12regarding the child.
1.13(c)
1.14substitute other terms for physical and legal custody, including designations of joint or
1.15sole custody, provided that the terms used in the substitution are defined in the parenting
1.16plan or order.
1.17 Sec. 2. Minnesota Statutes 2010, section 518.1705, subdivision 3, is amended to read:
1.18 Subd. 3. Creating parenting plan; restrictions on creation; alternative. (a)
1.19
1.20
1.21both parents unless the court makes detailed findings that the proposed plan is not in the
1.22best interests of the child.
2.1(b) If both parents do not agree to a parenting plan, the court
2.2issue a parenting order on its own motion,
2.3the court:
2.4(1) makes detailed findings that use of a parenting order is not feasible; or
2.5(2) finds that a parent has committed domestic abuse against a parent or child who is
2.6a party to, or subject of, the matter before the court.
2.7
2.8
2.9(c) If an existing order does not contain a parenting plan, the parents must not be
2.10required to create a parenting plan as part of a modification order under section
2.11(d) A parenting plan must not be required during an action under section
2.12(e) If the parents do not agree to a parenting plan and the court does not create one
2.13on its own motion, orders for custody and parenting time must be entered under sections
2.15 Sec. 3. Minnesota Statutes 2010, section 518.1705, subdivision 4, is amended to read:
2.16 Subd. 4. Custody designation.
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24and such a designation is necessary for enforcement of the plan or order for any purpose, it
2.25must be presumed that the parents have joint legal and joint physical custody.
