Contest child custody hearing and the presumed minimum

Last year there were considerable discussions in the Minnesota State House and Senate about potential changes to the existing parenting time presumption that exists in contested child custody cases. Under current Minnesota law, parents in contested child custody proceedings are entitled to a minimum of 25 percent parenting time with their child, while the rest of the parenting time is either negotiated between the parties themselves or it is set by the court.

While the proposed legislation sought to increase the presumed amount of parenting time in contested child custody cases to 35 percent, many advocates of the bill want to ultimately see the law changed to 50-50. Proponents argue that 50-50 parenting time is not only fair from a parental rights standpoint, but it would also help the children by eliminating much of the pain and divisiveness that is often associated with contested child custody negotiations.

Despite the initial passage of a bill in the state house and senate to raise the parenting time minimum in contested child custody cases to 35 percent, the bill was later vetoed when it reached the governor's desk. The governors concern was that while an increase in presumed parenting time might benefit the parents, it could also end up hurting the children involved. The governor, however, has expressed some willingness to consider the legislation further. Still, it doesn't appear that the issue will return to the spotlight again this year.

Child custody dispute can be some of the most complex and emotional disputes that parents must deal with during a divorce proceeding. If child custody negotiations are contested - particularly under current law, which leaves a good amount of prescribed parenting time to the court's discretion - they can drag out for months, even years. In these cases, an attorney can not only help protect the parent's rights, but they can also work to ensure the best interests of the child are met.

Article: Minneapolis Star-Tribune, "From the "whatever happened?" department: child custody legislation," Jeremy Olson, April 19, 2013