This bill amends Minnesota Statutes 2024, section 518.155, to require courts to recognize the fundamental right to the parent-child relationship in child custody and parenting time determinations. It establishes that courts must adhere to the precedents set in the cases of SooHoo v. Johnson and Troxel v. Granville, emphasizing that any interference with this fundamental right must be supported by clear and convincing evidence of harm. The bill mandates that courts apply a heightened level of scrutiny when making decisions that could infringe upon these rights, ensuring that the rights of each fit parent are equally protected.
Additionally, the bill specifies that marital status alone cannot limit a parent's fundamental rights regarding custody, care, and control of their child. This legislative change aims to strengthen the legal framework surrounding parent-child relationships in custody cases, ensuring that the rights of parents are upheld unless there is substantial evidence indicating potential harm to the child.
Statutes affected: Introduction: 518.155