Bill Text: MN SF1402 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Parenting time presumption increase in joint custody proceedings
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-30 - Chief author added Jungbauer [SF1402 Detail]
Download: Minnesota-2011-SF1402-Introduced.html
Bill Title: Parenting time presumption increase in joint custody proceedings
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-30 - Chief author added Jungbauer [SF1402 Detail]
Download: Minnesota-2011-SF1402-Introduced.html
1.2relating to children; establishing a presumption of joint physical custody; creating
1.3the Children's Equal and Shared Parenting Act; requiring certain parenting plans;
1.4amending Minnesota Statutes 2010, sections 257.541; 518.003, subdivision 3;
1.5518.091; 518.131, subdivision 1; 518.156; 518.167, subdivision 2; 518.175,
1.6subdivision 1; 518.18; proposing coding for new law in Minnesota Statutes,
1.7chapter 518; repealing Minnesota Statutes 2010, section 518.17, subdivision 2.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 257.541, is amended to read:
1.10257.541 CUSTODY AND PARENTING TIME WITH CHILDREN BORN
1.11OUTSIDE OF MARRIAGE.
1.12 Subdivision 1. Mother's right to custody. The biological mother of a child born to
1.13a mother who was not married to the child's father when the child was born and was not
1.14married to the child's father when the child was conceived has sole custody of the child
1.15until paternity has been established under sections257.51 to
257.74 , or until custody is
1.16determined in a separate proceeding under section518.156 .
1.17 Subd. 2. Father's right to parenting time and custody. (a) If paternity has been
1.18acknowledged under section257.34 and paternity has been established under sections
1.19257.51
to
257.74 , the father's rights of parenting time or custody are determined under
1.20sections 518.169,518.17, and
518.175 .
1.21(b) If paternity has not been acknowledged under section257.34 and paternity has
1.22been established under sections257.51 to
257.74 , the biological father may petition for
1.23rights of parenting time or custody in the paternity proceeding or in a separate proceeding
1.24under section518.156 . The rights of parenting time or custody must be determined under
1.25section 518.169.
2.1 Subd. 3. Father's right to parenting time and custody; recognition of paternity.
2.2If paternity has been recognized under section257.75 , the father may petition for rights of
2.3parenting time or custody in an independent action under section518.156 . The proceeding
2.4must be treated as an initial determination of custody under section518.17 . The provisions
2.5ofchapter 518 section
518.169 apply with respect to the granting of custody and parenting
2.6time. An action to determine custody and parenting time may be commenced pursuant
2.7to chapter 518 without an adjudication of parentage. These proceedings may not be
2.8combined with any proceeding under chapter 518B.
2.9EFFECTIVE DATE.This section is effective for temporary orders and child
2.10custody determinations made on or after January 1, 2012.
2.11 Sec. 2. Minnesota Statutes 2010, section 518.003, subdivision 3, is amended to read:
2.12 Subd. 3. Custody. Unless otherwise agreed by the parties:
2.13(a) "Legal custody" means the right to determine the child's upbringing, including
2.14education, health care, and religious training.
2.15(b) "Joint legal custody" means that both parents have equal rights and
2.16responsibilities, including the right to participate in major decisions determining the
2.17child's upbringing, including education, health care, and religious training.
2.18(c) "Physical custody and residence Primary residential parent" means the parent
2.19with routine daily care and control and the residence of the child.
2.20(d) "Joint physical custody" means that the routine daily care and control and the
2.21residence of the child is structured between the parties. and that the parents share time
2.22with the child equally. For purposes of this definition, "equally" means at least 45.1
2.23percent parenting time for each parent.
2.24(e) Wherever used in this chapter, the term "custodial parent" or "custodian" means
2.25the person who has the physical custody of the child at any particular time.
2.26(f) "Custody determination" means a court decision and court orders and instructions
2.27providing for the custody of a child, including parenting time, but does not include a
2.28decision relating to child support or any other monetary obligation of any person.
2.29(g) "Custody proceeding" includes proceedings in which a custody determination is
2.30one of several issues, such as an action for dissolution, divorce, or separation, and includes
2.31proceedings involving children who are in need of protection or services, domestic abuse,
2.32and paternity.
2.33EFFECTIVE DATE.This section is effective for temporary orders and child
2.34custody determinations made on or after January 1, 2012.
3.1 Sec. 3. Minnesota Statutes 2010, section 518.091, is amended to read:
3.2518.091 SUMMONS; TEMPORARY RESTRAINING PROVISIONS;
3.3NOTICE REGARDING PARENT EDUCATION PROGRAM REQUIREMENTS;
3.4NOTICE REGARDING PARENTING PLANS.
3.5 Subdivision 1. Temporary restraining orders. (a) Every summons must include
3.6the notice in this subdivision.
3.8RESOLUTION PROVISIONS
3.9UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
3.10FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION,
3.11UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS
3.12DISMISSED:
3.13(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE
3.14NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR
3.15PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR
3.16RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;
3.17(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND
3.18(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
3.19MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR
3.20BENEFICIARY DESIGNATION.
3.21IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT
3.22TO SANCTIONS BY THE COURT.
3.23(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE
3.24ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION
3.25PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION
3.26INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET
3.27FORTH IN THE DISTRICT COURT RULES. YOU MAY CONTACT THE COURT
3.28ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT
3.29PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME
3.30COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A
3.31NONPROFIT PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF
3.32DOMESTIC ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA
3.33STATUTES, CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION
3.34AND YOU WILL NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.
3.35(b) Upon service of the summons, the restraining provisions contained in the notice
3.36apply by operation of law upon both parties until modified by further order of the court or
4.1dismissal of the proceeding, unless more than one year has passed since the last document
4.2was filed with the court.
4.3 Subd. 2. Parent education program requirements. Every summons involving
4.4custody or parenting time of a minor child must include the notice in this subdivision.
4.6UNDER MINNESOTA STATUTES, SECTION518.157 , IN A CONTESTED
4.7PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF A MINOR
4.8CHILD, THE PARTIES MUST BEGIN PARTICIPATION IN A PARENT EDUCATION
4.9PROGRAM THAT MEETS MINIMUM STANDARDS PROMULGATED BY THE
4.10MINNESOTA SUPREME COURT WITHIN 30 DAYS AFTER THE FIRST FILING
4.11WITH THE COURT. IN SOME DISTRICTS, PARENTING EDUCATION MAY BE
4.12REQUIRED IN ALL CUSTODY OR PARENTING PROCEEDINGS. YOU MAY
4.13CONTACT THE DISTRICT COURT ADMINISTRATOR FOR ADDITIONAL
4.14INFORMATION REGARDING THIS REQUIREMENT AND THE AVAILABILITY
4.15OF PARENT EDUCATION PROGRAMS.
4.16 Subd. 3. Parenting plan requirements. Every summons must include the notice
4.17in this subdivision.
4.19A PARENTING PLAN MUST BE CREATED. FOR JOINT PHYSICAL
4.20CUSTODY THE PLAN MUST INCLUDE A SCHEDULE OF TIME EACH PARENT
4.21SPENDS WITH THE CHILD WITH A MINIMUM OF 45.1 PERCENT TIME FOR
4.22EACH PARENT. IF BOTH PARENTS DO NOT AGREE TO A PARENTING PLAN,
4.23THE COURT SHALL CREATE ONE ON ITS OWN MOTION, EXCEPT THAT THE
4.24COURT MUST NOT DO SO IF IT FINDS THAT A PARENT HAS BEEN CONVICTED
4.25OF DOMESTIC ABUSE AGAINST A PARENT OR CHILD WHO IS A PARTY TO, OR
4.26SUBJECT OF, THE MATTER BEFORE THE COURT. PARENTING PLANS MUST BE
4.27BASED ON MINNESOTA STATUTES, SECTION 518.169.
4.28EFFECTIVE DATE.This section is effective for summons issued on or after
4.29January 1, 2012.
4.30 Sec. 4. Minnesota Statutes 2010, section 518.131, subdivision 1, is amended to read:
4.31 Subdivision 1. Permissible orders. In a proceeding brought for custody, dissolution,
4.32or legal separation, or for disposition of property, maintenance, or child support following
4.33the dissolution of a marriage, either party may, by motion, request from the court and the
4.34court may grant a temporary order pending the final disposition of the proceeding to or for:
5.1(a) Temporary custody and parenting time pursuant to section 518.169, subdivision
5.22, regarding the minor children of the parties;
5.3(b) Temporary maintenance of either spouse;
5.4(c) Temporary child support for the children of the parties;
5.5(d) Temporary costs and reasonable attorney fees;
5.6(e) Award the temporary use and possession, exclusive or otherwise, of the family
5.7home, furniture, household goods, automobiles, and other property of the parties;
5.8(f) Restrain one or both parties from transferring, encumbering, concealing, or
5.9disposing of property except in the usual course of business or for the necessities of
5.10life, and to account to the court for all such transfers, encumbrances, dispositions, and
5.11expenditures made after the order is served or communicated to the party restrained in
5.12open court;
5.13(g) Restrain one or both parties from harassing, vilifying, mistreating, molesting,
5.14disturbing the peace, or restraining the liberty of the other party or the children of the
5.15parties;
5.16(h) Restrain one or both parties from removing any minor child of the parties from
5.17the jurisdiction of the court;
5.18(i) Exclude a party from the family home of the parties or from the home of the
5.19other party; and
5.20(j) Require one or both of the parties to perform or to not perform such additional
5.21acts as will facilitate the just and speedy disposition of the proceeding, or will protect the
5.22parties or their children from physical or emotional harm.
5.23EFFECTIVE DATE.This section is effective for temporary orders issued on or
5.24after January 1, 2012.
5.25 Sec. 5. Minnesota Statutes 2010, section 518.156, is amended to read:
5.26518.156 COMMENCEMENT OF CUSTODY PROCEEDING.
5.27 Subdivision 1. Procedure. In a court of this state which has jurisdiction to decide
5.28child custody matters, a child custody proceeding is commenced by a parent:
5.29(1) by filing a petition for dissolution or legal separation; or
5.30(2) where a decree of dissolution or legal separation has been entered or where
5.31none is sought, or when paternity has been recognized under section257.75 , by filing a
5.32petition or motion seeking custody or parenting time with the child in the county where
5.33the child is permanently resident or where the child is found or where an earlier order
5.34for custody of the child has been entered.
6.1 Subd. 2. Required notice. (a) Written notice of a child custody or parenting time or
6.2visitation proceeding shall be given to the child's parent, guardian, and custodian, who
6.3may appear and be heard and may file a responsive pleading. The court may, upon a
6.4showing of good cause, permit the intervention of other interested parties.
6.5(b) Every notice must include the following notice of parenting plan requirements.
6.7A PARENTING PLAN MUST BE CREATED. FOR JOINT PHYSICAL
6.8CUSTODY THE PLAN MUST INCLUDE A SCHEDULE OF TIME EACH PARENT
6.9SPENDS WITH THE CHILD WITH A MINIMUM OF 45.1 PERCENT TIME FOR
6.10EACH PARENT. IF BOTH PARENTS DO NOT AGREE TO A PARENTING PLAN,
6.11THE COURT SHALL CREATE ONE ON ITS OWN MOTION, EXCEPT THAT THE
6.12COURT MUST NOT DO SO IF IT FINDS THAT A PARENT HAS BEEN CONVICTED
6.13OF DOMESTIC ABUSE AGAINST A PARENT OR CHILD WHO IS A PARTY TO, OR
6.14SUBJECT OF, THE MATTER BEFORE THE COURT. PARENTING PLANS MUST BE
6.15BASED ON MINNESOTA STATUTES, SECTION 518.169.
6.16EFFECTIVE DATE.This section is effective for all notices issued on or after
6.17January 1, 2012.
6.18 Sec. 6. Minnesota Statutes 2010, section 518.167, subdivision 2, is amended to read:
6.19 Subd. 2. Preparation. (a) In preparing a report concerning a child, the investigator
6.20may consult any person who may have information about the child and the potential
6.21custodial arrangements except for persons involved in mediation efforts between the
6.22parties. Mediation personnel may disclose to investigators and evaluators information
6.23collected during mediation only if agreed to in writing by all parties. Upon order of the
6.24court, the investigator may refer the child to professional personnel for diagnosis. The
6.25investigator may consult with and obtain information from medical, psychiatric, school
6.26personnel, or other expert persons who have served the child in the past after obtaining the
6.27consent of the parents or the child's custodian or guardian.
6.28(b) The report submitted by the investigator must consider and evaluate the factors
6.29in section518.17, subdivision 1 , and include a detailed analysis of all information
6.30considered for each factor.If joint custody is contemplated or sought, The report must
6.31consider and evaluate the factors in section518.17, subdivision 2
6.322, state the position of each party and the investigator's recommendation and the reason
6.33for the recommendation, and reference established means for dispute resolution between
6.34the parties.
7.1EFFECTIVE DATE.This section is effective for all investigations ordered on
7.2or after January 1, 2011.
7.3 Sec. 7. [518.169] CHILDREN'S EQUAL AND SHARED PARENTING ACT.
7.4 Subdivision 1. Public policy. (a) The legislature, recognizing the importance
7.5of protections afforded children by their ability to develop strong parental bonds, and
7.6recognizing the fundamental interest of liberty that parents enjoy respecting the care,
7.7custody, and companionship of their children, finds and declares the following with
7.8respect to the intent of Minnesota laws relating to families:
7.9(1) an intact, involved two-parent home provides the optimal environment through
7.10which children grow into productive and responsible adult citizens;
7.11(2) parents are primary in the nurturing and development of their children. Our
7.12society, state, and statutes are secondary structures designed to support, not supplant, both
7.13parents in their role as the primary shapers of their children;
7.14(3) mothers and fathers provide unique and invaluable contributions toward the
7.15development of their children. Each parent's contributions to the upbringing of their
7.16children are indistinguishable and equally necessary to assure children the best opportunity
7.17to develop into healthy citizens;
7.18(4) children should be separated from their parents only under the most compelling
7.19and unusual circumstances in order to protect a child from substantial and imminent harm;
7.20(5) children should have frequent and continuing physical contact with both parents
7.21under joint legal and physical custody when the parents live separately, including after
7.22parental separation or dissolution of marriage. The proper role of the state is to interfere to
7.23the least degree in familial relationships with the specific purpose of preserving maximum
7.24time allocations with each parent and their children;
7.25(6) parents may, and should be encouraged to, reach any agreement mutually
7.26acceptable to them regarding their parenting time allocations that reflects the individual
7.27circumstances of the parents. In the event parents cannot reach agreement on a parenting
7.28arrangement, it is the specific intent of Minnesota law that parents have a right to a
7.29rebuttable presumption of equal time with their children; and
7.30(7) the judiciary in contested custody proceedings should demonstrate consistent
7.31application of the presumption in favor of joint legal and joint physical custody in order to
7.32minimize the adversarial nature of custody proceedings.
7.33(b) The purpose of this section is to prevent children from being alienated or
7.34disenfranchised from their parents' lives through the interference of either parent.
8.1(c) This section establishes clear legislative policy regarding the relationship of
8.2children with each parent when the parents live separately.
8.3(d) In accordance with the findings in paragraph (a), the legislature declares that
8.4public policy is advanced and the best interests of children are promoted through equal and
8.5shared parenting and the recognition of both parents' fundamental freedoms to actively
8.6participate in the care, custody, and companionship of their children.
8.7 Subd. 2. Joint custody. (a) In cases of marital dissolution or unmarried parentage,
8.8when paternity has been established, both parents enjoy a rebuttable presumption of joint
8.9legal and joint physical custody of their children, and a rebuttable presumption the court
8.10will award a parenting minimum of 45.1 percent for each parent.
8.11(b) The burden of overcoming the presumption rests on the parent challenging the
8.12presumption. The presumption may only be overcome by demonstrating an unfitness of
8.13the parent being challenged that would cause substantial harm to the children. The clear
8.14and convincing evidence standard must be used in making a fitness determination.
8.15(c) Knowingly making false allegations of child or spousal abuse is sufficient
8.16grounds to challenge the parental fitness of the accuser. Allegations raised in the context
8.17of divorce or custody proceedings deserve heightened scrutiny as to their veracity.
8.18(d) Allegations of substance abuse, mental illness, spousal or child abuse or neglect,
8.19and any subsequent issuance of protective orders are not sufficient to cause cessation or
8.20reduction in parent and child contact. When the fitness of a parent is challenged, the court
8.21must find by clear and convincing evidence that the parent's behaviors would qualify
8.22the parent's child to be found in need of protection or services under section 260C.007,
8.23subdivisions 13 and 15, or the parent is found to meet the criteria as a chemically
8.24dependent person under section 253B.02, subdivision 2. In no instance may the court limit
8.25parent and child contact absent compelling necessity to prevent substantial and imminent
8.26harm to the child.
8.27(e) The court shall provide written findings of fact and conclusions of law when
8.28entering an order that does not maintain the presumption of joint legal and joint physical
8.29custody. The court must make written findings that enumerate which of the factors in this
8.30subdivision are applicable and by what evidence these factors were demonstrated.
8.31(f) If the court finds that a party has overcome the presumption in favor of joint
8.32physical custody, the court shall use the best interest standards in section 257.025 or
8.33518.17, subdivision 1, as applicable, to makes its determination for custodial arrangements.
8.34EFFECTIVE DATE.This section is effective for temporary orders and child
8.35custody determinations made on or after January 1, 2011.
9.1 Sec. 8. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:
9.2 Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
9.3subsequent to the commencement of the proceeding and continuing thereafter during
9.4the minority of the child, the court shall, upon the request of either parent, grant such
9.5parenting time on behalf of the child and a parent as will enable the child and the parent to
9.6maintain a child to parent relationship that will be in the best interests of the child.
9.7If the court finds, after a hearing, that parenting time with a parent is likely
9.8to endanger the child's physical or emotional health or impair the child's emotional
9.9development, the court shall restrict parenting time with that parent as to time, place,
9.10duration, or supervision and may deny parenting time entirely, as the circumstances
9.11warrant. The court shall consider the age of the child and the child's relationship with the
9.12parent prior to the commencement of the proceeding.
9.13A parent's failure to pay support because of the parent's inability to do so shall not be
9.14sufficient cause for denial of parenting time.
9.15(b) The court may provide that a law enforcement officer or other appropriate person
9.16will accompany a party seeking to enforce or comply with parenting time.
9.17(c) Upon request of either party, to the extent practicable an order for parenting
9.18time must include a specific schedule for parenting time, including the frequency and
9.19duration of visitation and visitation during holidays and vacations, unless parenting time
9.20is restricted, denied, or reserved.
9.21(d) The court administrator shall provide a form for a pro se motion regarding
9.22parenting time disputes, which includes provisions for indicating the relief requested, an
9.23affidavit in which the party may state the facts of the dispute, and a brief description of
9.24the parenting time expeditor process under section518.1751 . The form may not include
9.25a request for a change of custody. The court shall provide instructions on serving and
9.26filing the motion.
9.27(e) In the absence of other evidence, there is a rebuttable presumption that a
9.28parent is entitled to receive at least25 45.1 percent of the parenting time for the child.
9.29For purposes of this paragraph, the percentage of parenting time may be determined
9.30by calculating the number of overnights that a child spends with a parent or by using a
9.31method other than overnights if the parent has significant time periods on separate days
9.32when the child is in the parent's physical custody but does not stay overnight. If the court
9.33finds that a party has overcome the presumption in favor of joint physical custody, the
9.34court may consider the age of the child in determining whether a child is with a parent
9.35for a significant period of time.
10.1EFFECTIVE DATE.This section is effective for child custody determinations
10.2made on or after January 1, 2012.
10.3 Sec. 9. Minnesota Statutes 2010, section 518.18, is amended to read:
10.4518.18 MODIFICATION OF ORDER.
10.5 (a) Unless agreed to in writing by the parties, no motion to modify a custody order
10.6or parenting plan may be made earlier than one year after the date of the entry of a decree
10.7of dissolution or legal separation containing a provision dealing with custody, except in
10.8accordance with paragraph (c).
10.9 (b) If a motion for modification has been heard, whether or not it was granted, unless
10.10agreed to in writing by the parties no subsequent motion may be filed within two years
10.11after disposition of the prior motion on its merits, except in accordance with paragraph (c).
10.12 (c) The time limitations prescribed in paragraphs (a) and (b) shall not prohibit a
10.13motion to modify a custody order or parenting plan if the court finds that there is persistent
10.14and willful denial or interference with parenting time, or has reason to believe that the
10.15child's present environment may endanger the child's physical or emotional health or
10.16impair the child's emotional development.
10.17 (d) If the court has jurisdiction to determine child custody matters, the court shall
10.18not modify a prior custody order or a parenting plan provision which specifies the child's
10.19primary residence unless it finds, upon the basis of facts, including unwarranted denial of,
10.20or interference with, a duly established parenting time schedule, that have arisen since the
10.21prior order or that were unknown to the court at the time of the prior order, that a change
10.22has occurred in the circumstances of the child or the parties and that the modification is
10.23necessary to serve the best interests of the child. In applying these standards the court
10.24shall retain the custody arrangement or the parenting plan provision specifying the child's
10.25primary residence that was established by the prior order unless:
10.26 (i) the court finds that a change in the custody arrangement or primary residence is in
10.27the best interests of the child and the parties previously agreed, in a writing approved by a
10.28court, to apply the best interests standard in section518.17 or
257.025 , as applicable; and,
10.29with respect to agreements approved by a court on or after April 28, 2000, both parties
10.30were represented by counsel when the agreement was approved or the court found the
10.31parties were fully informed, the agreement was voluntary, and the parties were aware
10.32of its implications;
10.33 (ii) both parties agree to the modification;
10.34 (iii) the child has been integrated into the family of the petitioner with the consent
10.35of the other party;
11.1 (iv) the child's present environment endangers the child's physical or emotional
11.2health or impairs the child's emotional development and the harm likely to be caused by a
11.3change of environment is outweighed by the advantage of a change to the child; or
11.4 (v) the court has denied a request of the primary custodial parent to move the
11.5residence of the child to another state, and the primary custodial parent has relocated
11.6to another state despite the court's order.
11.7 In addition, a court may modify a custody order or parenting plan under section
11.8631.52
.
11.9 (e) In deciding whether to modify a prior joint custody order, the court shall apply
11.10the standards set forth in paragraph (d) unless: (1) the parties agree in writing to the
11.11application of a different standard, or (2) the party seeking the modification is asking the
11.12court for permission to move the residence of the child to another state.
11.13 (f) If a parent has been granted sole physical custody of a minor and the child
11.14subsequently lives with the other parent, and temporary sole physical custody has been
11.15approved by the court or by a court-appointed referee, the court may suspend the obligor's
11.16child support obligation pending the final custody determination. The court's order
11.17denying the suspension of child support must include a written explanation of the reasons
11.18why continuation of the child support obligation would be in the best interests of the child.
11.19(g) Except as expressly provided, an enactment, amendment, or repeal of law does
11.20not constitute grounds for a modification of a child custody order.
11.21EFFECTIVE DATE.This section is effective January 1, 2012.
11.22 Sec. 10. REPEALER.
11.23Minnesota Statutes 2010, section 518.17, subdivision 2, is repealed.
11.24EFFECTIVE DATE.This section is effective January 1, 2012.
1.3the Children's Equal and Shared Parenting Act; requiring certain parenting plans;
1.4amending Minnesota Statutes 2010, sections 257.541; 518.003, subdivision 3;
1.5518.091; 518.131, subdivision 1; 518.156; 518.167, subdivision 2; 518.175,
1.6subdivision 1; 518.18; proposing coding for new law in Minnesota Statutes,
1.7chapter 518; repealing Minnesota Statutes 2010, section 518.17, subdivision 2.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 257.541, is amended to read:
1.10257.541 CUSTODY AND PARENTING TIME WITH CHILDREN BORN
1.11OUTSIDE OF MARRIAGE.
1.12 Subdivision 1. Mother's right to custody. The biological mother of a child born to
1.13a mother who was not married to the child's father when the child was born and was not
1.14married to the child's father when the child was conceived has sole custody of the child
1.15until paternity has been established under sections
1.16determined in a separate proceeding under section
1.17 Subd. 2. Father's right to parenting time and custody. (a) If paternity has been
1.18acknowledged under section
1.20sections 518.169,
1.21(b) If paternity has not been acknowledged under section
1.22been established under sections
1.23rights of parenting time or custody in the paternity proceeding or in a separate proceeding
1.24under section
1.25section 518.169.
2.1 Subd. 3. Father's right to parenting time and custody; recognition of paternity.
2.2If paternity has been recognized under section
2.3parenting time or custody in an independent action under section
2.4must be treated as an initial determination of custody under section
2.5of
2.6time. An action to determine custody and parenting time may be commenced pursuant
2.7to chapter 518 without an adjudication of parentage. These proceedings may not be
2.8combined with any proceeding under chapter 518B.
2.9EFFECTIVE DATE.This section is effective for temporary orders and child
2.10custody determinations made on or after January 1, 2012.
2.11 Sec. 2. Minnesota Statutes 2010, section 518.003, subdivision 3, is amended to read:
2.12 Subd. 3. Custody. Unless otherwise agreed by the parties:
2.13(a) "Legal custody" means the right to determine the child's upbringing, including
2.14education, health care, and religious training.
2.15(b) "Joint legal custody" means that both parents have equal rights and
2.16responsibilities, including the right to participate in major decisions determining the
2.17child's upbringing, including education, health care, and religious training.
2.18(c) "
2.19with routine daily care and control and the residence of the child.
2.20(d) "Joint physical custody" means that the routine daily care and control and the
2.21residence of the child is structured between the parties
2.22with the child equally. For purposes of this definition, "equally" means at least 45.1
2.23percent parenting time for each parent.
2.24(e) Wherever used in this chapter, the term "custodial parent" or "custodian" means
2.25the person who has the physical custody of the child at any particular time.
2.26(f) "Custody determination" means a court decision and court orders and instructions
2.27providing for the custody of a child, including parenting time, but does not include a
2.28decision relating to child support or any other monetary obligation of any person.
2.29(g) "Custody proceeding" includes proceedings in which a custody determination is
2.30one of several issues, such as an action for dissolution, divorce, or separation, and includes
2.31proceedings involving children who are in need of protection or services, domestic abuse,
2.32and paternity.
2.33EFFECTIVE DATE.This section is effective for temporary orders and child
2.34custody determinations made on or after January 1, 2012.
3.1 Sec. 3. Minnesota Statutes 2010, section 518.091, is amended to read:
3.2518.091 SUMMONS; TEMPORARY RESTRAINING PROVISIONS;
3.3NOTICE REGARDING PARENT EDUCATION PROGRAM REQUIREMENTS;
3.4NOTICE REGARDING PARENTING PLANS.
3.5 Subdivision 1. Temporary restraining orders. (a) Every summons must include
3.6the notice in this subdivision.
3.8RESOLUTION PROVISIONS
3.9UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
3.10FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION,
3.11UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS
3.12DISMISSED:
3.13(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE
3.14NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR
3.15PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR
3.16RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;
3.17(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND
3.18(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
3.19MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR
3.20BENEFICIARY DESIGNATION.
3.21IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT
3.22TO SANCTIONS BY THE COURT.
3.23(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE
3.24ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION
3.25PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION
3.26INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET
3.27FORTH IN THE DISTRICT COURT RULES. YOU MAY CONTACT THE COURT
3.28ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT
3.29PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME
3.30COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A
3.31NONPROFIT PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF
3.32DOMESTIC ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA
3.33STATUTES, CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION
3.34AND YOU WILL NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.
3.35(b) Upon service of the summons, the restraining provisions contained in the notice
3.36apply by operation of law upon both parties until modified by further order of the court or
4.1dismissal of the proceeding, unless more than one year has passed since the last document
4.2was filed with the court.
4.3 Subd. 2. Parent education program requirements. Every summons involving
4.4custody or parenting time of a minor child must include the notice in this subdivision.
4.6UNDER MINNESOTA STATUTES, SECTION
4.7PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF A MINOR
4.8CHILD, THE PARTIES MUST BEGIN PARTICIPATION IN A PARENT EDUCATION
4.9PROGRAM THAT MEETS MINIMUM STANDARDS PROMULGATED BY THE
4.10MINNESOTA SUPREME COURT WITHIN 30 DAYS AFTER THE FIRST FILING
4.11WITH THE COURT. IN SOME DISTRICTS, PARENTING EDUCATION MAY BE
4.12REQUIRED IN ALL CUSTODY OR PARENTING PROCEEDINGS. YOU MAY
4.13CONTACT THE DISTRICT COURT ADMINISTRATOR FOR ADDITIONAL
4.14INFORMATION REGARDING THIS REQUIREMENT AND THE AVAILABILITY
4.15OF PARENT EDUCATION PROGRAMS.
4.16 Subd. 3. Parenting plan requirements. Every summons must include the notice
4.17in this subdivision.
4.19A PARENTING PLAN MUST BE CREATED. FOR JOINT PHYSICAL
4.20CUSTODY THE PLAN MUST INCLUDE A SCHEDULE OF TIME EACH PARENT
4.21SPENDS WITH THE CHILD WITH A MINIMUM OF 45.1 PERCENT TIME FOR
4.22EACH PARENT. IF BOTH PARENTS DO NOT AGREE TO A PARENTING PLAN,
4.23THE COURT SHALL CREATE ONE ON ITS OWN MOTION, EXCEPT THAT THE
4.24COURT MUST NOT DO SO IF IT FINDS THAT A PARENT HAS BEEN CONVICTED
4.25OF DOMESTIC ABUSE AGAINST A PARENT OR CHILD WHO IS A PARTY TO, OR
4.26SUBJECT OF, THE MATTER BEFORE THE COURT. PARENTING PLANS MUST BE
4.27BASED ON MINNESOTA STATUTES, SECTION 518.169.
4.28EFFECTIVE DATE.This section is effective for summons issued on or after
4.29January 1, 2012.
4.30 Sec. 4. Minnesota Statutes 2010, section 518.131, subdivision 1, is amended to read:
4.31 Subdivision 1. Permissible orders. In a proceeding brought for custody, dissolution,
4.32or legal separation, or for disposition of property, maintenance, or child support following
4.33the dissolution of a marriage, either party may, by motion, request from the court and the
4.34court may grant a temporary order pending the final disposition of the proceeding to or for:
5.1(a) Temporary custody and parenting time pursuant to section 518.169, subdivision
5.22, regarding the minor children of the parties;
5.3(b) Temporary maintenance of either spouse;
5.4(c) Temporary child support for the children of the parties;
5.5(d) Temporary costs and reasonable attorney fees;
5.6(e) Award the temporary use and possession, exclusive or otherwise, of the family
5.7home, furniture, household goods, automobiles, and other property of the parties;
5.8(f) Restrain one or both parties from transferring, encumbering, concealing, or
5.9disposing of property except in the usual course of business or for the necessities of
5.10life, and to account to the court for all such transfers, encumbrances, dispositions, and
5.11expenditures made after the order is served or communicated to the party restrained in
5.12open court;
5.13(g) Restrain one or both parties from harassing, vilifying, mistreating, molesting,
5.14disturbing the peace, or restraining the liberty of the other party or the children of the
5.15parties;
5.16(h) Restrain one or both parties from removing any minor child of the parties from
5.17the jurisdiction of the court;
5.18(i) Exclude a party from the family home of the parties or from the home of the
5.19other party; and
5.20(j) Require one or both of the parties to perform or to not perform such additional
5.21acts as will facilitate the just and speedy disposition of the proceeding, or will protect the
5.22parties or their children from physical or emotional harm.
5.23EFFECTIVE DATE.This section is effective for temporary orders issued on or
5.24after January 1, 2012.
5.25 Sec. 5. Minnesota Statutes 2010, section 518.156, is amended to read:
5.26518.156 COMMENCEMENT OF CUSTODY PROCEEDING.
5.27 Subdivision 1. Procedure. In a court of this state which has jurisdiction to decide
5.28child custody matters, a child custody proceeding is commenced by a parent:
5.29(1) by filing a petition for dissolution or legal separation; or
5.30(2) where a decree of dissolution or legal separation has been entered or where
5.31none is sought, or when paternity has been recognized under section
5.32petition or motion seeking custody or parenting time with the child in the county where
5.33the child is permanently resident or where the child is found or where an earlier order
5.34for custody of the child has been entered.
6.1 Subd. 2. Required notice. (a) Written notice of a child custody or parenting time or
6.2visitation proceeding shall be given to the child's parent, guardian, and custodian, who
6.3may appear and be heard and may file a responsive pleading. The court may, upon a
6.4showing of good cause, permit the intervention of other interested parties.
6.5(b) Every notice must include the following notice of parenting plan requirements.
6.7A PARENTING PLAN MUST BE CREATED. FOR JOINT PHYSICAL
6.8CUSTODY THE PLAN MUST INCLUDE A SCHEDULE OF TIME EACH PARENT
6.9SPENDS WITH THE CHILD WITH A MINIMUM OF 45.1 PERCENT TIME FOR
6.10EACH PARENT. IF BOTH PARENTS DO NOT AGREE TO A PARENTING PLAN,
6.11THE COURT SHALL CREATE ONE ON ITS OWN MOTION, EXCEPT THAT THE
6.12COURT MUST NOT DO SO IF IT FINDS THAT A PARENT HAS BEEN CONVICTED
6.13OF DOMESTIC ABUSE AGAINST A PARENT OR CHILD WHO IS A PARTY TO, OR
6.14SUBJECT OF, THE MATTER BEFORE THE COURT. PARENTING PLANS MUST BE
6.15BASED ON MINNESOTA STATUTES, SECTION 518.169.
6.16EFFECTIVE DATE.This section is effective for all notices issued on or after
6.17January 1, 2012.
6.18 Sec. 6. Minnesota Statutes 2010, section 518.167, subdivision 2, is amended to read:
6.19 Subd. 2. Preparation. (a) In preparing a report concerning a child, the investigator
6.20may consult any person who may have information about the child and the potential
6.21custodial arrangements except for persons involved in mediation efforts between the
6.22parties. Mediation personnel may disclose to investigators and evaluators information
6.23collected during mediation only if agreed to in writing by all parties. Upon order of the
6.24court, the investigator may refer the child to professional personnel for diagnosis. The
6.25investigator may consult with and obtain information from medical, psychiatric, school
6.26personnel, or other expert persons who have served the child in the past after obtaining the
6.27consent of the parents or the child's custodian or guardian.
6.28(b) The report submitted by the investigator must consider and evaluate the factors
6.29in section
6.30considered for each factor.
6.31consider and evaluate the factors in section
6.322, state the position of each party and the investigator's recommendation and the reason
6.33for the recommendation, and reference established means for dispute resolution between
6.34the parties.
7.1EFFECTIVE DATE.This section is effective for all investigations ordered on
7.2or after January 1, 2011.
7.3 Sec. 7. [518.169] CHILDREN'S EQUAL AND SHARED PARENTING ACT.
7.4 Subdivision 1. Public policy. (a) The legislature, recognizing the importance
7.5of protections afforded children by their ability to develop strong parental bonds, and
7.6recognizing the fundamental interest of liberty that parents enjoy respecting the care,
7.7custody, and companionship of their children, finds and declares the following with
7.8respect to the intent of Minnesota laws relating to families:
7.9(1) an intact, involved two-parent home provides the optimal environment through
7.10which children grow into productive and responsible adult citizens;
7.11(2) parents are primary in the nurturing and development of their children. Our
7.12society, state, and statutes are secondary structures designed to support, not supplant, both
7.13parents in their role as the primary shapers of their children;
7.14(3) mothers and fathers provide unique and invaluable contributions toward the
7.15development of their children. Each parent's contributions to the upbringing of their
7.16children are indistinguishable and equally necessary to assure children the best opportunity
7.17to develop into healthy citizens;
7.18(4) children should be separated from their parents only under the most compelling
7.19and unusual circumstances in order to protect a child from substantial and imminent harm;
7.20(5) children should have frequent and continuing physical contact with both parents
7.21under joint legal and physical custody when the parents live separately, including after
7.22parental separation or dissolution of marriage. The proper role of the state is to interfere to
7.23the least degree in familial relationships with the specific purpose of preserving maximum
7.24time allocations with each parent and their children;
7.25(6) parents may, and should be encouraged to, reach any agreement mutually
7.26acceptable to them regarding their parenting time allocations that reflects the individual
7.27circumstances of the parents. In the event parents cannot reach agreement on a parenting
7.28arrangement, it is the specific intent of Minnesota law that parents have a right to a
7.29rebuttable presumption of equal time with their children; and
7.30(7) the judiciary in contested custody proceedings should demonstrate consistent
7.31application of the presumption in favor of joint legal and joint physical custody in order to
7.32minimize the adversarial nature of custody proceedings.
7.33(b) The purpose of this section is to prevent children from being alienated or
7.34disenfranchised from their parents' lives through the interference of either parent.
8.1(c) This section establishes clear legislative policy regarding the relationship of
8.2children with each parent when the parents live separately.
8.3(d) In accordance with the findings in paragraph (a), the legislature declares that
8.4public policy is advanced and the best interests of children are promoted through equal and
8.5shared parenting and the recognition of both parents' fundamental freedoms to actively
8.6participate in the care, custody, and companionship of their children.
8.7 Subd. 2. Joint custody. (a) In cases of marital dissolution or unmarried parentage,
8.8when paternity has been established, both parents enjoy a rebuttable presumption of joint
8.9legal and joint physical custody of their children, and a rebuttable presumption the court
8.10will award a parenting minimum of 45.1 percent for each parent.
8.11(b) The burden of overcoming the presumption rests on the parent challenging the
8.12presumption. The presumption may only be overcome by demonstrating an unfitness of
8.13the parent being challenged that would cause substantial harm to the children. The clear
8.14and convincing evidence standard must be used in making a fitness determination.
8.15(c) Knowingly making false allegations of child or spousal abuse is sufficient
8.16grounds to challenge the parental fitness of the accuser. Allegations raised in the context
8.17of divorce or custody proceedings deserve heightened scrutiny as to their veracity.
8.18(d) Allegations of substance abuse, mental illness, spousal or child abuse or neglect,
8.19and any subsequent issuance of protective orders are not sufficient to cause cessation or
8.20reduction in parent and child contact. When the fitness of a parent is challenged, the court
8.21must find by clear and convincing evidence that the parent's behaviors would qualify
8.22the parent's child to be found in need of protection or services under section 260C.007,
8.23subdivisions 13 and 15, or the parent is found to meet the criteria as a chemically
8.24dependent person under section 253B.02, subdivision 2. In no instance may the court limit
8.25parent and child contact absent compelling necessity to prevent substantial and imminent
8.26harm to the child.
8.27(e) The court shall provide written findings of fact and conclusions of law when
8.28entering an order that does not maintain the presumption of joint legal and joint physical
8.29custody. The court must make written findings that enumerate which of the factors in this
8.30subdivision are applicable and by what evidence these factors were demonstrated.
8.31(f) If the court finds that a party has overcome the presumption in favor of joint
8.32physical custody, the court shall use the best interest standards in section 257.025 or
8.33518.17, subdivision 1, as applicable, to makes its determination for custodial arrangements.
8.34EFFECTIVE DATE.This section is effective for temporary orders and child
8.35custody determinations made on or after January 1, 2011.
9.1 Sec. 8. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:
9.2 Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
9.3subsequent to the commencement of the proceeding and continuing thereafter during
9.4the minority of the child, the court shall, upon the request of either parent, grant such
9.5parenting time on behalf of the child and a parent as will enable the child and the parent to
9.6maintain a child to parent relationship that will be in the best interests of the child.
9.7If the court finds, after a hearing, that parenting time with a parent is likely
9.8to endanger the child's physical or emotional health or impair the child's emotional
9.9development, the court shall restrict parenting time with that parent as to time, place,
9.10duration, or supervision and may deny parenting time entirely, as the circumstances
9.11warrant. The court shall consider the age of the child and the child's relationship with the
9.12parent prior to the commencement of the proceeding.
9.13A parent's failure to pay support because of the parent's inability to do so shall not be
9.14sufficient cause for denial of parenting time.
9.15(b) The court may provide that a law enforcement officer or other appropriate person
9.16will accompany a party seeking to enforce or comply with parenting time.
9.17(c) Upon request of either party, to the extent practicable an order for parenting
9.18time must include a specific schedule for parenting time, including the frequency and
9.19duration of visitation and visitation during holidays and vacations, unless parenting time
9.20is restricted, denied, or reserved.
9.21(d) The court administrator shall provide a form for a pro se motion regarding
9.22parenting time disputes, which includes provisions for indicating the relief requested, an
9.23affidavit in which the party may state the facts of the dispute, and a brief description of
9.24the parenting time expeditor process under section
9.25a request for a change of custody. The court shall provide instructions on serving and
9.26filing the motion.
9.27(e) In the absence of other evidence, there is a rebuttable presumption that a
9.28parent is entitled to receive at least
9.29For purposes of this paragraph, the percentage of parenting time may be determined
9.30by calculating the number of overnights that a child spends with a parent or by using a
9.31method other than overnights if the parent has significant time periods on separate days
9.32when the child is in the parent's physical custody but does not stay overnight. If the court
9.33finds that a party has overcome the presumption in favor of joint physical custody, the
9.34court may consider the age of the child in determining whether a child is with a parent
9.35for a significant period of time.
10.1EFFECTIVE DATE.This section is effective for child custody determinations
10.2made on or after January 1, 2012.
10.3 Sec. 9. Minnesota Statutes 2010, section 518.18, is amended to read:
10.4518.18 MODIFICATION OF ORDER.
10.5 (a) Unless agreed to in writing by the parties, no motion to modify a custody order
10.6or parenting plan may be made earlier than one year after the date of the entry of a decree
10.7of dissolution or legal separation containing a provision dealing with custody, except in
10.8accordance with paragraph (c).
10.9 (b) If a motion for modification has been heard, whether or not it was granted, unless
10.10agreed to in writing by the parties no subsequent motion may be filed within two years
10.11after disposition of the prior motion on its merits, except in accordance with paragraph (c).
10.12 (c) The time limitations prescribed in paragraphs (a) and (b) shall not prohibit a
10.13motion to modify a custody order or parenting plan if the court finds that there is persistent
10.14and willful denial or interference with parenting time, or has reason to believe that the
10.15child's present environment may endanger the child's physical or emotional health or
10.16impair the child's emotional development.
10.17 (d) If the court has jurisdiction to determine child custody matters, the court shall
10.18not modify a prior custody order or a parenting plan provision which specifies the child's
10.19primary residence unless it finds, upon the basis of facts, including unwarranted denial of,
10.20or interference with, a duly established parenting time schedule, that have arisen since the
10.21prior order or that were unknown to the court at the time of the prior order, that a change
10.22has occurred in the circumstances of the child or the parties and that the modification is
10.23necessary to serve the best interests of the child. In applying these standards the court
10.24shall retain the custody arrangement or the parenting plan provision specifying the child's
10.25primary residence that was established by the prior order unless:
10.26 (i) the court finds that a change in the custody arrangement or primary residence is in
10.27the best interests of the child and the parties previously agreed, in a writing approved by a
10.28court, to apply the best interests standard in section
10.29with respect to agreements approved by a court on or after April 28, 2000, both parties
10.30were represented by counsel when the agreement was approved or the court found the
10.31parties were fully informed, the agreement was voluntary, and the parties were aware
10.32of its implications;
10.33 (ii) both parties agree to the modification;
10.34 (iii) the child has been integrated into the family of the petitioner with the consent
10.35of the other party;
11.1 (iv) the child's present environment endangers the child's physical or emotional
11.2health or impairs the child's emotional development and the harm likely to be caused by a
11.3change of environment is outweighed by the advantage of a change to the child; or
11.4 (v) the court has denied a request of the primary custodial parent to move the
11.5residence of the child to another state, and the primary custodial parent has relocated
11.6to another state despite the court's order.
11.7 In addition, a court may modify a custody order or parenting plan under section
11.9 (e) In deciding whether to modify a prior joint custody order, the court shall apply
11.10the standards set forth in paragraph (d) unless: (1) the parties agree in writing to the
11.11application of a different standard, or (2) the party seeking the modification is asking the
11.12court for permission to move the residence of the child to another state.
11.13 (f) If a parent has been granted sole physical custody of a minor and the child
11.14subsequently lives with the other parent, and temporary sole physical custody has been
11.15approved by the court or by a court-appointed referee, the court may suspend the obligor's
11.16child support obligation pending the final custody determination. The court's order
11.17denying the suspension of child support must include a written explanation of the reasons
11.18why continuation of the child support obligation would be in the best interests of the child.
11.19(g) Except as expressly provided, an enactment, amendment, or repeal of law does
11.20not constitute grounds for a modification of a child custody order.
11.21EFFECTIVE DATE.This section is effective January 1, 2012.
11.22 Sec. 10. REPEALER.
11.23Minnesota Statutes 2010, section 518.17, subdivision 2, is repealed.
11.24EFFECTIVE DATE.This section is effective January 1, 2012.
