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MN HF69
Bill
Status
1/13/2011
Primary Sponsor
Steve Drazkowski
Click for details
AI Summary
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Amends the definition of "joint physical custody" to require parents share time with the child "as equally as possible"
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Establishes a rebuttable presumption that both parents are entitled to joint legal and physical custody in cases of marital dissolution or when paternity is established for unmarried parents
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Requires clear and convincing evidence of parental unfitness causing substantial harm to overcome the presumption; allegations alone of substance abuse, mental illness, or abuse are insufficient without written findings of substantiated abuse
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Mandates courts provide written findings of fact and conclusions of law when deviating from joint custody, enumerating which factors and evidence support the deviation
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Repeals Minnesota Statutes 2010, section 518.17, subdivision 2
Legislative Description
Joint physical custody rebuttable presumption established.
Last Action
Author added Peppin
1/20/2011