Bill Text: MN HF292 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child custody; parenting plans required by both parents.
Sponsorship: 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-Introduced.html
Bill Title: Child custody; parenting plans required by both parents.
Sponsorship: 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-Introduced.html
1.2relating to families; requiring parenting plans;amending Minnesota Statutes
1.32010, section 518.1705, subdivisions 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 3, is amended to
1.6read:
1.7 Subd. 3. Creating parenting plan; restrictions on creation; alternative. (a)
1.8Upon the request of both parents, a parenting plan must be created in lieu of an order for
1.9child custody and parenting time The court shall adopt a parenting plan proposed by
1.10both parents unless the court makes detailed findings that the proposed plan is not in the
1.11best interests of the child.
1.12(b) If both parents do not agree to a parenting plan, the courtmay shall create one a
1.13parenting order on its own motion,except that the court must not do so if it unless the court:
1.14(1) makes detailed findings that use of a parenting order is not feasible; or
1.15(2) finds that a parent has committed domestic abuse against a parent or child who is
1.16a party to, or subject of, the matter before the court.If the court creates a parenting plan
1.17on its own motion, it must not use alternative terminology unless the terminology is
1.18agreed to by the parties.
1.19(c) If an existing order does not contain a parenting plan, the parents must not be
1.20required to create a parenting plan as part of a modification order under section518A.39 .
1.21(d) A parenting plan must not be required during an action under section256.87 .
1.22(e) If the parents do not agree to a parenting plan and the court does not create one
1.23on its own motion, orders for custody and parenting time must be entered under sections
1.24518.17
and
518.175 or section
257.541 , as applicable.
2.1 Sec. 2. Minnesota Statutes 2010, section 518.1705, subdivision 4, is amended to read:
2.2 Subd. 4. Custody designation.A final judgment and decree that includes a
2.3parenting plan using alternate terms to designate decision-making responsibilities or
2.4allocation of residential time between the parents must designate whether the parents
2.5have joint legal custody or joint physical custody or which parent has sole legal custody
2.6or sole physical custody, or both. This designation is solely for enforcement of the final
2.7judgment and decree where this designation is required for that enforcement and has no
2.8effect under the laws of this state, any other state, or another country that do not require
2.9this designation. In a parenting plan or order, it is not required to designate sole or joint
2.10legal or physical custody. If the parenting plan or order substitutes other terms for legal
2.11and physical custody or does not make a designation and designation of legal and physical
2.12custody is necessary for enforcement of the judgment and decree in another jurisdiction,
2.13it must be considered solely for that purpose that the parents have joint legal and joint
2.14physical custody.
1.32010, section 518.1705, subdivisions 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 3, is amended to
1.6read:
1.7 Subd. 3. Creating parenting plan; restrictions on creation; alternative. (a)
1.8
1.9
1.10both parents unless the court makes detailed findings that the proposed plan is not in the
1.11best interests of the child.
1.12(b) If both parents do not agree to a parenting plan, the court
1.13parenting order on its own motion,
1.14(1) makes detailed findings that use of a parenting order is not feasible; or
1.15(2) finds that a parent has committed domestic abuse against a parent or child who is
1.16a party to, or subject of, the matter before the court.
1.17
1.18
1.19(c) If an existing order does not contain a parenting plan, the parents must not be
1.20required to create a parenting plan as part of a modification order under section
1.21(d) A parenting plan must not be required during an action under section
1.22(e) If the parents do not agree to a parenting plan and the court does not create one
1.23on its own motion, orders for custody and parenting time must be entered under sections
2.1 Sec. 2. Minnesota Statutes 2010, section 518.1705, subdivision 4, is amended to read:
2.2 Subd. 4. Custody designation.
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10legal or physical custody. If the parenting plan or order substitutes other terms for legal
2.11and physical custody or does not make a designation and designation of legal and physical
2.12custody is necessary for enforcement of the judgment and decree in another jurisdiction,
2.13it must be considered solely for that purpose that the parents have joint legal and joint
2.14physical custody.
