Minnesota family law legislation in 2014

Minnesota Restraigning Order - Flanders Law Firm LLC

I wanted to bring to reader’s attention the recent changes in Minnesota family law as they related to parenting time and custody.

Governor Dayton signed into law HF 2722 which makes amendments to the custody and parenting time statutes effective August 1, 2014.

The changes to Minnesota family law, Minn. Stat. 518.17, subd. 2 include:

  • Clarification that there is no presumption for or against joint physical custody except when domestic abuse has occurred
  • Direction that the court not use one of the joint custody factors to the exclusion of the other joint custody factors (the same requirement already exists with respect to the consideration of the best interest factors at Minn. Stat. 518.17, subd. 1(a))
  • A statement that the disagreement alone over whether to grant sole or joint custody does not constitute an inability of parent to cooperate.
  • revisions to the language concerning the requisite finding when granting custody.

The changes, as a whole, appear to be made to present sole custody and joint custody as equal options for a district court judge’s consideration.  Also, the amendments to the statutes may make it easier to modify parenting time via motion practice.

In general, these appear to be good, solid legislative changes in response to what the courts are seeing on a day-t0-day basis.

For more information about updates on the law or Minnesota family law in general, contact the firm today.

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Contact Flanders Law Firm LLC today.  We offer free consultations to all potential clients. Call (612) 424-0398.

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