Minnesota governor to consider revised joint custody law

Minnesota divorces involving children may see changes if Minnesota Governor Mark Dayton signs child custody legislation that recently passed the state house and senate. Readers of this blog may recall an earlier post where we discussed the original Children's Equal and Shared Parenting Act, which required each divorced parent to get 45.1 percent of the time with the child.

The act has since been revised several times and now requires each parent to receive 35 percent of time with the child. The reform would be a drastic change from current law, which only requires a parent spend 25 percent of the time with their child.

The child support reform effort received mixed reactions, which transcended gender and party lines. The bill makes exceptions only for divorce cases involving child abuse or domestic violence. Critics of the bill worry its rigidity will prevent judges from considering several important factors in determining the best interest of a child. Proponents of the Act argue that children of divorce benefit from having significant amount of time with both parents.

The bill, which passed the Senate with a 46-19 vote, requires the governor's signature to become law. If approved, the new law will become effective July 2013.

The legislation does not change the standard for joint custody, which remains the best interest of the child. Although child custody determinations will change if the bill is enacted, judges will still have discretion to award a parent with as much as 65 percent of time with the child. This discretion will continue to allow judges to consider and weigh factors necessary to protect the child's best interests.

Custody and parenting time are essential concerns in many divorces. At the same time, visitation rights and custody are among the most charged emotionally-charged issues in a divorce and sometimes require mediation or other methods of dispute resolution to reach resolution. An attorney with family law experience can help with the mediation process and provide insight into the legal steps involved in a custody negotiation.

Source: Northland's NewsCenter, "Equal child custody law passes Senate; goes to Governor's Desk," May 10, 2012