A bill for an act
relating to domestic relations; modifying parenting time provisions; amending
Minnesota Statutes 2022, sections 257.025; 518.131, subdivisions 1, 11; 518.14;
518.17, subdivisions 1, 3; 518.175, subdivisions 1, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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The public policy of this state is to:
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(1) ensure that each child has frequent and substantial contact with the child's parents,
as long as the child's parents have shown the ability to act in the best interests of the child;
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(2) ensure that parents and caregivers provide a safe and nurturing environment for each
child; and
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(3) encourage parents to share the rights and duties of raising their child.
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Minnesota Statutes 2022, section 257.025, is amended to read:
(a) In any custody or parenting time proceeding involving unmarried parents, the court
shall considernew text begin section 518.175new text end and evaluate all relevant factors in section 518.17, subdivision
1, to determine the best interests of the child.
(b) The fact that the parents of the child are not or were never married to each other shall
not be determinative of the custodynew text begin and parenting timenew text end of the child.
(c) A person may seek custody of a child by filing a petition or motion pursuant to section
518.156.
(d) Section 518.619 applies to this section.
Minnesota Statutes 2022, section 518.131, subdivision 1, is amended to read:
In a proceeding brought for custody, dissolution,
or legal separation, or for disposition of property, maintenance, or child support following
the dissolution of a marriage, either party may, by motion, request from the court and the
court may grant a temporary order pending the final disposition of the proceeding to or for:
(a) Temporary custody and parenting time regarding the minor children of the partiesnew text begin .
In addition to the requirements under section 518.17, subdivision 1, the court must consider
the child's parenting time with each parent before the pending action commenced. If the
child's access to a parent was limited or restricted before the action commenced, the court
must determine the child's custody and parenting time in a manner that supports the child's
opportunity to develop a relationship with both parents in accordance with sections 518.17
and 518.175new text end ;
(b) Temporary maintenance of either spouse;
(c) Temporary child support for the children of the parties;
(d) Temporary costs and reasonable attorney fees;
(e) Award the temporary use and possession, exclusive or otherwise, of the family home,
furniture, household goods, automobiles, and other property of the parties;
(f) Restrain one or both parties from transferring, encumbering, concealing, or disposing
of property except in the usual course of business or for the necessities of life, and to account
to the court for all such transfers, encumbrances, dispositions, and expenditures made after
the order is served or communicated to the party restrained in open court;
(g) Restrain one or both parties from harassing, vilifying, mistreating, molesting,
disturbing the peace, or restraining the liberty of the other party or the children of the parties;
(h) Restrain one or both parties from removing any minor child of the parties from the
jurisdiction of the court;
(i) Exclude a party from the family home of the parties or from the home of the other
party; and
(j) Require one or both of the parties to perform or to not perform such additional acts
as will facilitate the just and speedy disposition of the proceeding, or will protect the parties
or their children from physical or emotional harm.
Minnesota Statutes 2022, section 518.131, subdivision 11, is amended to read:
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Temporary support and maintenance may be ordered during the time a parenting
plan is being developed under section 518.1705.
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(a) While the proceeding is pending, the
court must give priority to scheduling and holding an expedited hearing for temporary relief
when a party credibly alleges that:
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(1) the party has been denied parenting time with a child for 14 consecutive days or
more; or
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(2) the party has been unreasonably denied access to necessary financial resources or
support during a pending marital dissolution.
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(b) A court must hold a priority hearing under this subdivision within 14 days of the
party's request.
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Minnesota Statutes 2022, section 518.14, is amended to read:
Except as provided in section 518A.735, in a proceeding under
this chapter or chapter 518A, the court shall award attorney fees, costs, and disbursements
in an amount necessary to enable a party to carry on or contest the proceeding, provided it
finds:
(1) that the fees are necessary for the good faith assertion of the party's rights in the
proceeding and will not contribute unnecessarily to the length and expense of the proceeding;
(2) that the party from whom fees, costs, and disbursements are sought has the means
to pay them; and
(3) that the party to whom fees, costs, and disbursements are awarded does not have the
means to pay them.
deleted text begin Nothing in this section or section 518A.735 precludesdeleted text end The
court deleted text begin from awardingdeleted text end new text begin may awardnew text end , in its discretion, additional fees, costs, and disbursements
against a party who unreasonably contributes to the length or expense of the proceedingnew text begin or
whose unreasonable failure to comply with an order or decree causes the other party to seek
enforcement or other relief, including the reimbursement of fees and costs incurred before
filing a motionnew text end . Fees, costs, and disbursements provided for in this section and section
518A.735 may be awarded at any point in the proceeding, including a modification
proceeding under sections 518.18 and 518A.39. The court may adjudge costs and
disbursements against either party. The court may authorize the collection of money awarded
by execution, or out of property sequestered, or in any other manner within the power of
the court. An award of attorney's fees made by the court during the pendency of the
proceeding or in the final judgment survives the proceeding and if not paid by the party
directed to pay the same may be enforced as above provided or by a separate civil action
brought in the attorney's own name. If the proceeding is dismissed or abandoned prior to
determination and award of attorney's fees, the court may nevertheless award attorney's fees
upon the attorney's motion. The award shall also survive the proceeding and may be enforced
in the same manner as last above provided.
Minnesota Statutes 2022, section 518.17, subdivision 1, is amended to read:
(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