HF3840

Purpose

This bill changes how Minnesota courts decide custody and parenting time. It aims to strengthen a focus on keeping the child connected with both parents, set out clearer factors for judges to consider, and address issues like domestic abuse, health needs, and deployment by service members.

Main provisions and goals

• Default presumption in favor of joint custody
  • The bill creates a rebuttable presumption that joint legal and joint physical custody are in the child’s best interests when requested by either parent.
  • If domestic abuse has occurred, the presumption can be rebutted, and the court will weigh the abuse in deciding custody.
  • There is no automatic guarantee of equal time with each parent; joint custody does not require an absolutely equal share of parenting time.
• Clear and detailed factors for the “best interests” test
  • The court must evaluate 12 factors, including:
  • The child’s physical, emotional, cultural, spiritual, and other needs.
  • Any special medical, mental health, developmental, or educational needs.
  • The child’s reasonable preferences if the child is sufficiently mature.
  • Whether domestic abuse has occurred, and its nature and impact on the child.
  • Each parent’s health and how it affects the child.
  • Each parent’s history and ongoing involvement in the child’s care.
  • Each parent’s ability to provide ongoing, stable care and meet the child’s needs.
  • How changes to home, school, or community affect the child.
  • The effect on the child’s relationships with the other parent, siblings, and others.
  • The child’s benefit from maximum time with both parents and potential detriment from limiting time.
  • Each parent’s willingness to support the child’s relationship with the other parent and to minimize conflict.
  • The parents’ ability to cooperate in rearing the child and resolve major decisions.
• Thorough findings required
  • Courts must make detailed findings on each factor and explain how the evidence supports the custody decision.
  • Courts must consider that different families and cultures meet a child’s needs in different ways.
• Gender neutrality and disability
  • The court must not favor a parent based solely on gender.
  • Disability alone (whether for the parent or child) cannot automatically determine custody.
  • Evidence of non-child-related violations (e.g., certain crimes) can be considered if they affect the child.
• Domestic abuse and safety
  • The presumption in favor of joint custody can be rebutted if there has been domestic abuse, with careful consideration of the abuse’s nature and impact on the child’s safety and development.
• Service members and deployment
  • In cases involving a service member’s custody, the court may not rely only on past or possible future deployment when determining the child’s best interests.

Significant changes to existing law

• Shifts to a default joint custody framework, with a strong emphasis on keeping both parents engaged in the child’s life.
• Adds a formal, detailed list of factors that must guide custody decisions, rather than leaving decisions to broad discretion.
• Introduces required, explicit findings for each factor to improve transparency.
• Strengthens protections around domestic abuse by making it a key factor that can rebut the joint custody presumption.
• Reinforces gender neutrality and recognizes multiple pathways to meet a child’s needs rather than relying on traditional or gender-based assumptions.
• Includes specific considerations related to the health, development, and service member deployments to ensure fair handling of those situations.

Practical impact (what this could mean for families)

• Courts will more often consider joint custody as the starting point, unless there is domestic abuse or other compelling reasons.
• Parents may need to provide more detailed information about each factor during custody proceedings.
• Decisions may reflect a broader view of what “family” means, including cultural and developmental needs.
• Parenting plans may focus more on cooperation and clear communication to minimize conflict and support the child’s relationship with both parents.

Relevant Terms - best interests of the child - custody - parenting time - joint legal custody - joint physical custody - domestic abuse (domestic violence) - rebuttable presumption - gender neutrality - disability - child development - safety and wellbeing - cooperation in rearing - parental conflict - service member deployment - home/school/community stability - continued relationship with both parents - detailed findings - factors for best interests of the child - influence on siblings and other significant persons