1.1 	A bill for an act
1.2 	relating to family law; providing a presumption in
1.3 	favor of joint physical custody; amending Minnesota
1.4 	Statutes 2004, sections 518.003, subdivision 3;
1.5 	518.156, by adding a subdivision; 518.17, subdivision
1.6 	2.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 518.003,
1.9 	subdivision 3, is amended to read:
1.10 		Subd. 3.Custody.  Unless otherwise agreed by the parties:
1.11 	(a) "Legal custody" means the right to determine the
1.12 	child's upbringing, including education, health care, and
1.13 	religious training.
1.14 	(b) "Joint legal custody" means that both parents have
1.15 	equal rights and responsibilities, including the right to
1.16 	participate in major decisions determining the child's
1.17 	upbringing, including education, health care, and religious
1.18 	training.
1.19 	(c) "Physical custody and residence" means the routine
1.20 	daily care and control and the residence of the child.
1.21 	(d) "Joint physical custody" means that the routine daily
1.22 	care and control and the residence of the child is structured
1.23 	between the parties. Joint physical custody does not require an
1.24 	equal division of time between the parties.
1.25 	(e) Wherever used in this chapter, the term "custodial
1.26 	parent" or "custodian" means the person who has the physical
2.1 	custody of the child at any particular time.
2.2 	(f) "Custody determination" means a court decision and
2.3 	court orders and instructions providing for the custody of a
2.4 	child, including parenting time, but does not include a decision
2.5 	relating to child support or any other monetary obligation of
2.6 	any person.
2.7 	(g) "Custody proceeding" includes proceedings in which a
2.8 	custody determination is one of several issues, such as an
2.9 	action for dissolution, divorce, or separation, and includes
2.10 	proceedings involving children who are in need of protection or
2.11 	services, domestic abuse, and paternity.

2.12 	Sec. 2. Minnesota Statutes 2004, section 518.156, is
2.13 	amended by adding a subdivision to read:
2.14 		Subd. 3.Deadline for custody agreement or parenting
2.15 	plan. Within 90 days after a custody proceeding is commenced by
2.16 	a parent or when the matter is set for determination by the
2.17 	court, whichever is earlier, the parents must enter an agreement
2.18 	regarding custody or agree on a parenting plan under section
2.19 	518.1705.  If the parents fail to meet this deadline, the court
2.20 	must use the rebuttable presumption regarding joint physical
2.21 	custody provided by section 518.17, subdivision 2, paragraph (b).

2.22 	Sec. 3. Minnesota Statutes 2004, section 518.17,
2.23 	subdivision 2, is amended to read:
2.24 		Subd. 2.Factors when joint custody is sought; effect of
2.25 	parents' failure to enter agreement. (a) In addition to the
2.26 	factors listed in subdivision 1, where either joint legal or
2.27 	joint physical custody is contemplated or sought, the court
2.28 	shall consider the following relevant factors:
2.29 	(a) (1) the ability of parents to cooperate in the rearing
2.30 	of their children;
2.31 	(b) (2) methods for resolving disputes regarding any major
2.32 	decision concerning the life of the child, and the parents'
2.33 	willingness to use those methods;
2.34 	(c) (3) whether it would be detrimental to the child if one
2.35 	parent both parents were to have sole authority over the child's
2.36 	upbringing; and
3.1 	(d) (4) whether domestic abuse, as defined in section
3.2 	518B.01, has occurred between the parents.
3.3 	The court shall use a rebuttable presumption that upon
3.4 	request of either or both parties, joint legal and physical 
3.5 	custody is in the best interests of the child.  However, the
3.6 	court shall use a rebuttable presumption that joint legal or
3.7 	physical custody is not in the best interests of the child if
3.8 	domestic abuse, as defined in section 518B.01, has occurred
3.9 	between the parents.
3.10 	If the court awards joint legal or physical custody over
3.11 	the objection of a party, the court shall make detailed findings
3.12 	on each of the factors in this subdivision and explain how the
3.13 	factors led to its determination that joint custody would be in
3.14 	the best interests of the child.
3.15 	(b) Within 90 days after a child custody proceeding is
3.16 	commenced by a parent or when the matter is set for a custody
3.17 	hearing, whichever is earlier, parents must reach agreement
3.18 	regarding custody or agree on a parenting plan under section
3.19 	518.1705.  If the parents fail to meet this deadline, the court
3.20 	must use a rebuttable presumption, except as otherwise provided
3.21 	by this subdivision, that upon request of either party joint
3.22 	physical custody involving an equal division of time between the
3.23 	parties is in the best interests of the child.