1997 Minnesota Statutes

CHAPTER 518A. Uniform child custody jurisdiction act

     518A.01 Purposes. 

    Subdivision 1.  The general purposes of sections 518A.01 to 
 518A.25 are: 

    (a) To avoid jurisdictional competition and conflict with 
 courts of other states in matters of child custody and to 
 promote cooperation with the courts of other states so that a 
 custody decree is rendered in the state which can best decide 
 the case in the best interest of the child; 

    (b) To deter abductions and other unilateral removals of 
 children undertaken to obtain custody awards; 

    (c) To avoid relitigation of custody decisions of other 
 states in this state insofar as feasible, and to facilitate the 
 enforcement of custody decrees of other states; 

    (d) To promote and expand the exchange of information and 
 other forms of mutual assistance between the courts of this 
 state and those of other states concerned with the same child; 
 and 

    (e) To make uniform the law of those states which enact it. 

    Subd. 2.  Sections 518A.01 to 518A.25 shall be construed to 
 promote the general purposes stated in this section. 

    HIST: 1977 c 8 s 1 

     518A.02 Definitions. 

    As used in sections 518A.01 to 518A.25: 

    (a) "Contestant" means a person, including a parent, who 
 claims a right to custody or visitation rights with respect to a 
 child. 

    (b) "Custody determination" means a court decision and 
 court orders and instructions providing for the custody of a 
 child, including visitation rights, but does not include a 
 decision relating to child support or any other monetary 
 obligation of any person. 

    (c) "Custody proceeding" includes proceedings in which a 
 custody determination is one of several issues, such as an 
 action for dissolution, divorce or separation, and includes 
 child neglect and dependency proceedings. 

    (d) "Decree" or "custody decree" means a custody 
 determination contained in a judicial decree or order made in a 
 custody proceeding, and includes an initial decree and a 
 modification decree. 

    (e) "Home state" means the state in which the child 
 immediately preceding the time involved lived with the child's 
 parents, a parent, or a person acting as parent, for at least 
 six consecutive months, and in the case of a child less than six 
 months old the state in which the child lived from birth with 
 any of the persons listed.  Periods of temporary absence of any 
 of the named persons are counted as part of the six month or 
 other period. 

    (f) "Initial decree" means the first custody decree 
 concerning a particular child. 

    (g) "Modification decree" means a custody decree which 
 modifies or replaces a prior decree, whether made by the court 
 which rendered the prior decree or by another court. 

    (h) "Physical custody" means actual possession and control 
 of a child. 

    (i) "Person acting as parent" means a person, other than a 
 parent, who has physical custody of a child and who has either 
 been awarded custody by a court or claims a right to custody. 

    (j) "State" means any state, territory, or possession of 
 the United States, the Commonwealth of Puerto Rico, and the 
 District of Columbia. 

    HIST: 1977 c 8 s 2; 1986 c 444 

     518A.03 Jurisdiction. 

    Subdivision 1.  A court of this state which is competent to 
 decide child custody matters has jurisdiction to make a child 
 custody determination by initial or modification decree if: 

    (a) this state (1) is the home state of the child at the 
 time of commencement of the proceeding, or (2) had been the 
 child's home state within six months before commencement of the 
 proceeding and the child is absent from this state because of 
 removal or retention by a person claiming custody or for other 
 reasons, and a parent or person acting as parent continues to 
 live in this state; or 

    (b) it is in the best interest of the child that a court of 
 this state assume jurisdiction because (1) the child and the 
 parents, or the child and at least one contestant, have a 
 significant connection with this state, and (2) there is 
 available in this state substantial evidence concerning the 
 child's present or future care, protection, training, and 
 personal relationships; or 

    (c) the child is physically present in this state and (1) 
 the child has been abandoned or (2) it is necessary in an 
 emergency to protect the child because the child has been 
 subjected to or threatened with mistreatment or abuse or is 
 otherwise neglected or dependent; or 

    (d) (1) it appears that no court in another state would 
 have jurisdiction under prerequisites substantially in 
 accordance with clause (a), (b), or (c), or a court of another 
 state has declined to exercise jurisdiction on the ground that a 
 court of this state is the more appropriate forum to determine 
 the custody of the child, and (2) it is in the best interest of 
 the child that a court of this state assume jurisdiction. 

    Subd. 2.  Except under clauses (c) and (d) of subdivision 
 1, physical presence in this state of the child, or of the child 
 and one of the contestants, is not alone sufficient to confer 
 jurisdiction on a court of this state to make a child custody 
 determination. 

    Subd. 3.  Physical presence of the child, while desirable, 
 is not a prerequisite for jurisdiction to determine custody. 

    HIST: 1977 c 8 s 3; 1986 c 444 

     518A.04 Notice and opportunity to be heard. 

    Before making a decree under sections 518A.01 to 518A.25, 
 reasonable notice and opportunity to be heard shall be given to 
 the contestants, any parent whose parental rights have not been 
 previously terminated, and any person who has physical custody 
 of the child.  If any of these persons is outside this state, 
 notice and opportunity to be heard shall be given pursuant to 
 section 518A.05. 

    HIST: 1977 c 8 s 4 

     518A.05 Notice to persons outside this state; submission 
  to jurisdiction. 

    Subdivision 1.  Notice required for the exercise of 
 jurisdiction over a person outside this state shall be given in 
 a manner reasonably calculated to give actual notice, and may be:

    (a) by personal delivery outside this state in the manner 
 prescribed for service of process within this state; 

    (b) in the manner prescribed by the law of the place in 
 which the service is made for service of process in that place 
 in an action in any of its courts of general jurisdiction; 

    (c) by any form of mail addressed to the person to be 
 served and requesting a receipt; or 

    (d) as directed by the court, including publication, if 
 other means of notification are ineffective. 

    Subd. 2.  Notice under this section shall be served, 
 mailed, or delivered, or last published at least 20 days before 
 any hearing in this state. 

    Subd. 3.  Proof of service outside this state may be made 
 by affidavit of the individual who made the service, or in the 
 manner prescribed by the law of this state, the order pursuant 
 to which the service is made, or the law of the place in which 
 the service is made.  If service is made by mail, proof may be a 
 receipt signed by the addressee or other evidence of delivery to 
 the addressee. 

    Subd. 4.  Notice is not required if a person submits to the 
 jurisdiction of the court. 

    HIST: 1977 c 8 s 5 

     518A.06 Simultaneous proceedings in other states. 

    Subdivision 1.  A court of this state shall not exercise 
 its jurisdiction under sections 518A.01 to 518A.25 if at the 
 time of filing the petition a proceeding concerning the custody 
 of the child was pending in a court of another state exercising 
 jurisdiction substantially in conformity with the provisions of 
 sections 518A.01 to 518A.25, unless the proceeding is stayed by 
 the court of the other state because this state is a more 
 appropriate forum or for other reasons. 

    Subd. 2.  Before hearing the petition in a custody 
 proceeding the court shall examine the pleadings and other 
 information supplied by the parties under section 518A.09 and 
 shall consult the child custody registry established under 
 section 518A.16 concerning the pendency of proceedings with 
 respect to the child in other states.  If the court has reason 
 to believe that proceedings may be pending in another state it 
 shall direct an inquiry to the state court administrator or 
 other appropriate official of the other state. 

    Subd. 3.  If the court is informed during the course of the 
 proceeding that a proceeding concerning the custody of the child 
 was pending in another state before the court assumed 
 jurisdiction, it shall stay the proceeding and communicate with 
 the court in which the other proceeding is pending to ensure 
 that the issue may be litigated in the more appropriate forum 
 and that information be exchanged in accordance with sections 
 518A.19 to 518A.22.  If a court of this state has made a custody 
 decree before being informed of a pending proceeding in a court 
 of another state, it shall immediately inform that court of the 
 fact.  If the court is informed that a proceeding was commenced 
 in another state after it assumed jurisdiction, it shall 
 likewise inform the other court to ensure that the issues may be 
 litigated in the more appropriate forum. 

    HIST: 1977 c 8 s 6 

     518A.07 Inconvenient forum. 

    Subdivision 1.  A court which has jurisdiction under 
 sections 518A.01 to 518A.25 to make an initial or modification 
 decree may decline to exercise its jurisdiction any time before 
 making a decree if it finds that it is an inconvenient forum to 
 make a custody determination under the circumstances of the case 
 and that a court of another state is a more appropriate forum. 

    Subd. 2.  A finding of inconvenient forum may be made upon 
 the court's own motion or upon motion of a party or a guardian 
 ad litem or other representative of the child. 

    Subd. 3.  In determining if it is an inconvenient forum, 
 the court shall consider if it is in the interest of the child 
 that another state assume jurisdiction.  For this purpose it 
 shall consider all relevant factors, including but not limited 
 to the following: 

    (a) if another state is or recently was the child's home 
 state; 

    (b) if another state has a closer connection with the child 
 and the child's family or with the child and one or more of the 
 contestants; 

    (c) if substantial evidence concerning the child's present 
 or future care, protection, training, and personal relationships 
 is more readily available in another state; 

    (d) if the parties have agreed on another forum which is no 
 less appropriate; and 

    (e) if the exercise of jurisdiction by a court of this 
 state would contravene any of the purposes stated in section 
 518A.01. 

    Subd. 4.  Before determining whether to decline or retain 
 jurisdiction, the court may communicate with a court of another 
 state and exchange information pertinent to the assumption of 
 jurisdiction by either court with a view to assuring that 
 jurisdiction will be exercised by the more appropriate court and 
 that a forum will be available to the parties. 

    Subd. 5.  If the court finds that it is an inconvenient 
 forum and that a court of another state is a more appropriate 
 forum, it may dismiss the proceedings, or it may stay the 
 proceedings upon condition that a custody proceeding be promptly 
 commenced in another named state or upon any other conditions 
 which may be just and proper, including the condition that a 
 moving party stipulate consent and submission to the 
 jurisdiction of the other forum. 

    Subd. 6.  The court may decline to exercise its 
 jurisdiction under sections 518A.01 to 518A.25 if a custody 
 determination is incidental to an action for dissolution or to 
 another proceeding, while retaining jurisdiction over the 
 dissolution or other proceeding. 

    Subd. 7.  If it appears to the court that it is clearly an 
 inappropriate forum, it may require the party who commenced the 
 proceedings to pay, in addition to the costs of the proceedings 
 in this state, necessary travel and other expenses, including 
 attorneys' fees, incurred by other parties or their witnesses.  
 Payment is to be made to the court administrator for remittance 
 to the proper party. 

    Subd. 8.  Upon dismissal or stay of proceedings under this 
 section the court shall inform the court found to be the more 
 appropriate forum of this fact, or if the court which would have 
 jurisdiction in the other state is not yet determined, shall 
 transmit the information to the court administrator or other 
 appropriate official for forwarding to the appropriate court. 

    Subd. 9.  Any communication received from another state 
 informing this state of a finding of inconvenient forum because 
 a court of this state is the more appropriate forum shall be 
 filed in the custody registry of the appropriate court.  Upon 
 assuming jurisdiction the court of this state shall inform the 
 original court of this fact. 

    HIST: 1977 c 8 s 7; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     518A.08 Jurisdiction declined by reason of conduct. 

    Subdivision 1.  If the petitioner for an initial decree has 
 wrongfully taken the child from another state or has engaged in 
 similar reprehensible conduct the court may decline to exercise 
 jurisdiction if this is just and proper under the circumstances. 

    Subd. 2.  Unless required in the interest of the child, the 
 court shall not exercise its jurisdiction to modify a custody 
 decree of another state if the petitioner, without consent of 
 the person entitled to custody, has improperly removed the child 
 from the physical custody of the person entitled to custody or 
 has improperly retained the child after a visit or other 
 temporary relinquishment of physical custody.  If the petitioner 
 has violated any other provision of a custody decree of another 
 state the court may decline to exercise its jurisdiction if this 
 is just and proper under the circumstances. 

    Subd. 3.  In appropriate cases a court dismissing a 
 petition under this section may charge the petitioner with 
 necessary travel and other expenses, including attorneys' fees, 
 incurred by other parties or their witnesses. 

    HIST: 1977 c 8 s 8 

     518A.09 Information under oath to be submitted to the 
  court. 

    Subdivision 1.  The court shall, upon motion or request of 
 a party or upon its own initiative require a party to a custody 
 proceeding to provide information under oath by affidavit or 
 otherwise as to the child's present address, the places where 
 the child has lived within the last five years, the names and 
 present addresses of the persons with whom the child has lived 
 during that period, and whether the party: 

    (a)  has participated as a party, witness, or in any other 
 capacity in any other litigation concerning the custody of the 
 same child in this or any other state; 

    (b)  has information of any custody proceeding concerning 
 the child pending in a court of this or any other state; and 

    (c)  knows of any person not a party to the proceedings who 
 has physical custody of the child or claims to have custody or 
 visitation rights with respect to the child. 

    Subd. 2.  If the declaration as to any of the above items 
 is in the affirmative the declarant shall give additional 
 information under oath as required by the court. The court may 
 examine the parties under oath as to details of the information 
 furnished and as to other matters pertinent to the court's 
 jurisdiction and the disposition of the case. 

    Subd. 3.  Each party has a continuing duty to inform the 
 court of any custody proceeding concerning the child in this or 
 any other state of which the party obtained information during 
 this proceeding. 

    HIST: 1977 c 8 s 9; 1979 c 259 s 33; 1986 c 444 

     518A.10 Additional parties. 

    If the court learns from information furnished by the 
 parties pursuant to section 518A.09 or from other sources that a 
 person not a party to the custody proceeding has physical 
 custody of the child or claims to have custody or visitation 
 rights with respect to the child, it shall order that person to 
 be joined as a party and to be duly notified of the pendency of 
 the proceeding and of the joinder as a party.  If the person 
 joined as a party is outside this state that person shall be 
 served with process or otherwise notified in accordance with 
 section 518A.05. 

    HIST: 1977 c 8 s 10; 1986 c 444 

     518A.11 Appearance of parties and the child. 

    Subdivision 1.  The court may order any party to the 
 proceeding who is in this state to appear personally before the 
 court.  If that party has physical custody of the child the 
 court may order that the party appear personally with the child. 

    Subd. 2.  If a party to the proceeding whose presence is 
 desired by the court is outside this state with or without the 
 child the court may order that the notice given under section 
 518A.05 include a statement directing that party to appear 
 personally with or without the child and declaring that failure 
 to appear may result in a decision adverse to that party. 

    Subd. 3.  If a party to the proceeding who is outside this 
 state is directed to appear under subdivision 2 or desires to 
 appear personally before the court with or without the child, 
 the court may require another party to pay to the court 
 administrator travel and other necessary expenses of the party 
 so appearing and of the child if this is just and proper under 
 the circumstances. 

    HIST: 1977 c 8 s 11; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     518A.12 Binding force and res judicata effect of custody 
  decree. 

    A custody decree rendered by a court of this state which 
 had jurisdiction under section 518A.03 binds all parties who 
 have been served in this state or notified in accordance with 
 section 518A.05 or who have submitted to the jurisdiction of the 
 court, and who have been given an opportunity to be heard.  As 
 to these parties the custody decree is conclusive as to all 
 issues of law and fact decided and as to the custody 
 determination made unless and until that determination is 
 modified pursuant to law, including the provisions of sections 
 518A.01 to 518A.25. 

    HIST: 1977 c 8 s 12 

     518A.13 Recognition of out of state custody decrees. 

    The courts of this state shall recognize and enforce an 
 initial or modification decree of a court of another state which 
 had assumed jurisdiction under statutory provisions 
 substantially in accordance with sections 518A.01 to 518A.25 or 
 which was made under factual circumstances meeting the 
 jurisdictional standards of the act, so long as this decree has 
 not been modified in accordance with jurisdictional standards 
 substantially similar to those of sections 518A.01 to 518A.25. 

    HIST: 1977 c 8 s 13 

     518A.14 Modification of custody decree of another state. 

    Subdivision 1.  If a court of another state has made a 
 custody decree, a court of this state shall not modify that 
 decree unless (1) it appears to the court of this state that the 
 court which rendered the decree does not now have jurisdiction 
 under jurisdictional prerequisites substantially in accordance 
 with sections 518A.01 to 518A.25 or has declined to assume 
 jurisdiction to modify the decree and (2) the court of this 
 state has jurisdiction. 

    Subd. 2.  If a court of this state is authorized under 
 subdivision 1 and section 518A.08 to modify a custody decree of 
 another state, it shall give due consideration to the transcript 
 of the record and other documents of all previous proceedings 
 submitted to it in accordance with section 518A.22. 

    HIST: 1977 c 8 s 14 

     518A.15 Filing and enforcement of custody decree of 
  another state. 

    Subdivision 1.  A certified copy of a custody decree of 
 another state may be filed in the office of the court 
 administrator of any court of this state having jurisdiction of 
 child custody matters.  The court administrator shall treat the 
 decree in the same manner as a custody decree of the court of 
 this state.  A custody decree so filed has the same effect and 
 shall be enforced in like manner as a custody decree rendered by 
 a court of this state. 

    Subd. 2.  A person violating a custody decree of another 
 state which makes it necessary to enforce the decree in this 
 state may be required to pay necessary travel and other 
 expenses, including attorney's fees, incurred by the party 
 entitled to the custody or to the entitled party's witnesses. 

    HIST: 1977 c 8 s 15; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     518A.16 Registry of out of state custody decrees and 
  proceedings. 

    The court administrator of each court having jurisdiction 
 of child custody matters shall maintain a registry to enter the 
 following: 

    (a) certified copies of custody decrees of other states 
 received for filing; 

    (b) communications as to the pendency of custody 
 proceedings in other states; 

    (c) communications concerning a finding of inconvenient 
 forum by a court of another state; and 

    (d) other communications or documents concerning custody 
 proceedings in another state which may affect the jurisdiction 
 of a court of this state or the disposition to be made by it in 
 a custody proceeding. 

    HIST: 1977 c 8 s 16; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     518A.17 Certified copies of custody decree. 

    The court administrator of the court of this state having 
 jurisdiction of child custody matters, at the request of the 
 court of another state or at the request of any person who is 
 affected by or has a legitimate interest in a custody decree, 
 shall certify and forward a copy of the decree to that court or 
 person. 

    HIST: 1977 c 8 s 17; 1Sp1986 c 3 art 1 s 82 

     518A.18 Taking testimony in another state. 

    In addition to other procedural devices available to a 
 party, any party to the proceeding or a guardian ad litem or 
 other representative of the child may adduce testimony of 
 witnesses, including parties and the child, by deposition or 
 otherwise, in another state.  The court on its own motion may 
 direct that the testimony of a person be taken in another state 
 and may prescribe the manner in which and the terms upon which 
 the testimony shall be taken. 

    HIST: 1977 c 8 s 18 

     518A.19 Hearings and studies in another state; orders to 
  appear. 

    Subdivision 1.  A court of this state may request the 
 appropriate court of another state to hold a hearing to adduce 
 evidence, to order a party to produce or give evidence under 
 other procedures of that state, or to have social studies made 
 with respect to the custody of a child involved in proceedings 
 pending in the court of this state; and to forward to the court 
 of this state certified copies of the transcript of the record 
 of the hearing, the evidence otherwise adduced, or any social 
 studies prepared in compliance with the request.  The cost of 
 the services may be assessed against the parties or, if 
 necessary, ordered paid by the county in which the proceedings 
 are pending. 

    Subd. 2.  A court of this state may request the appropriate 
 court of another state to order a party to custody proceedings 
 pending in the court of this state to appear in the proceedings, 
 and if that party has physical custody of the child, to appear 
 with the child.  The request may state that travel and other 
 necessary expenses of the party and of the child whose 
 appearance is desired will be assessed against another party or 
 will otherwise be paid. 

    HIST: 1977 c 8 s 19 

     518A.20 Assistance to courts of other states. 

    Subdivision 1.  Upon request of the court of another state 
 the courts of this state which are competent to hear custody 
 matters may order a person in this state to appear at a hearing 
 to adduce evidence or to produce or give evidence under other 
 procedures available in this state or may order social studies 
 to be made under other procedures available in this state for 
 use in a custody proceeding in another state.  A certified copy 
 of the transcript of the record of the hearing or the evidence 
 otherwise adduced and any social studies prepared shall be 
 forwarded by the court administrator of the court to the 
 requesting court. 

    Subd. 2.  A person within this state may voluntarily give 
 testimony or statement in this state for use in a custody 
 proceeding outside this state. 

    Subd. 3.  Upon request of the court of another state a 
 competent court of this state may order a person in this state 
 to appear alone or with the child in a custody proceeding in 
 another state.  The court may condition compliance with the 
 request upon assurance by the other state that state travel and 
 other necessary expenses will be advanced or reimbursed. 

    HIST: 1977 c 8 s 20; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     518A.21 Preservation of documents for use in other 
  states. 

    In any custody proceeding in this state the court shall 
 preserve the pleadings, orders and decrees, any record that has 
 been made of its hearings, social studies, and other pertinent 
 documents until the child reaches 18 years of age. Upon 
 appropriate request of the court of another state the court 
 shall forward to the other court certified copies of any or all 
 of those documents. 

    HIST: 1977 c 8 s 21 

     518A.22 Request for court records of another state. 

    If a custody decree has been rendered in another state 
 concerning a child involved in a custody proceeding pending in a 
 court of this state, the court of this state upon taking 
 jurisdiction of the case shall request of the court of the other 
 state a certified copy of the transcript of any court record and 
 other pertinent documents which have been preserved by the court 
 of the other state. 

    HIST: 1977 c 8 s 22 

     518A.23 International application. 

    The general policies of sections 518A.01 to 518A.25 extend 
 to international proceedings.  The provisions of sections 
 518A.01 to 518A.25 relating to the recognition and enforcement 
 of custody decrees of other states apply to custody decrees and 
 decrees involving legal institutions similar in nature to 
 custody institutions rendered by appropriate authorities of 
 other nations if reasonable notice and opportunity to be heard 
 were given to all affected persons. 

    HIST: 1977 c 8 s 23 

     518A.24 Priority. 

    Upon the request of a party to a custody proceeding which 
 raises a question of existence or exercise of jurisdiction under 
 sections 518A.01 to 518A.25 the case shall be given calendar 
 priority and handled expeditiously. 

    HIST: 1977 c 8 s 24 

     518A.25 Citation. 

    Sections 518A.01 to 518A.25 may be cited as the uniform 
 child custody jurisdiction act. 

    HIST: 1977 c 8 s 25