SF4248 (Legislative Session 94 (2025-2026))
Courts to recognize the fundamental right to the parent-child relationship in child custody and parenting time determinations requirement
Related bill: HF3841
AI Generated Summary
Purpose
- Establishes that courts must recognize the fundamental right of the parent-child relationship when making custody and parenting-time decisions.
- Requires courts to follow controlling case law and standards that protect this right, and to apply a high level of scrutiny before limiting it.
- Ensures both parents who are fit have their rights to custody, care, and control of the child protected, and prohibits using marital status as a barrier to that right.
- Sets jurisdiction requirements so courts only act when they have proper authority under current Minnesota law.
Main Provisions
- A court handling a dissolution, legal separation, or child custody case cannot issue, revise, modify, or amend an order affecting custody or parenting time unless the court has jurisdiction under chapter 518D.
- Courts must adhere to the opinions in SooHoo v. Johnson and Troxel v. Granville, and any practitioner involved in advising the court in custody or parenting-time matters must recognize and protect the fundamental right to the parent-child relationship.
- Interference with this right is only permissible if there is a finding of harm supported by clear and convincing evidence.
- The court must use the appropriate judicial scrutiny appropriate for protecting a fundamental right when deciding custody or parenting-time matters.
- The fundamental rights of each fit parent to the custody, care, and control of the child must be equally protected.
- Marital status cannot be used to restrict or diminish this fundamental right.
How this bill changes current law
- Reframes custody and parenting-time decisions around a fundamental right of the parent-child relationship rather than primarily considering other factors.
- Adds a jurisdictional prerequisite (Chapter 518D) for any custody-related order, modification, or repeal.
- Elevates the evidentiary standard for restricting a parent’s rights to harm proven by clear and convincing evidence.
- Explicitly ties custody decisions to established standards in SooHoo v. Johnson and Troxel v. Granville, reinforcing the concepts of parental equality and fundamental rights.
- Prohibits marital status from serving as a basis to limit a parent’s rights to custody or parenting time.
- Places emphasis on equal protection for both parents who are fit, potentially narrowing avenues for arguments based on marital status or parity of parental involvement.
Key terms and references (for quick reference)
- parent-child relationship
- custody determinations
- parenting time
- fundamental right
- clear and convincing evidence
- harm
- jurisdiction
- Chapter 518D
- SooHoo v. Johnson
- Troxel v. Granville
- fit parent
- marital status
- Minn. Stat. 518.155
Relevant Terms - fundamental right to the parent-child relationship - custody determinations - parenting time - jurisdiction - Chapter 518D - SooHoo v. Johnson - Troxel v. Granville - clear and convincing evidence - harm - fit parent - marital status - Minn. Stat. 518.155
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 09, 2026 | Senate | Action | Introduction and first reading | ||
| March 09, 2026 | Senate | Action | Referred to | Judiciary and Public Safety | |
| March 23, 2026 | Senate | Action | Author added |
Citations
[
{
"analysis": {
"added": [
"New language recognizing and protecting the fundamental right of each parent to the custody, care, and control of the child.",
"Use of appropriate judicial scrutiny before interfering with these rights.",
"Equal protection for both parents; marital status alone cannot restrict these rights."
],
"removed": [],
"summary": "Amends Minnesota Statutes 2024 section 518.155.1.5 to recognize the fundamental right to the parent-child relationship in custody and parenting time determinations, within the broader framework of section 518.155 (Custody Determinations).",
"modified": [
"Section 518.155 is amended to read 'CUSTODY DETERMINATIONS' with incorporation of the fundamental-right framework."
]
},
"citation": "518.155.1.5",
"subdivision": ""
},
{
"analysis": {
"added": [
"Introduction of a fundamental-right framework affecting how custody and parenting time are determined."
],
"removed": [],
"summary": "The bill amends Minnesota Statutes 2024 section 518.155 to implement a new custody and parenting-time framework, including recognition of the parent-child relationship and reference to existing sections governing custody.",
"modified": [
"Overall modification of the statutory framework for custody determinations to reflect the fundamental-right standard."
]
},
"citation": "518.155",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as part of the existing provisions governing custody procedures; the bill does not itself modify 518.131 but links to it within the amended framework.",
"modified": [
"No direct modification to 518.131; referenced to guide custody decisions under the new framework."
]
},
"citation": "518.131",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced statute in the context of custody and parenting-time procedures; the bill does not directly modify 518.165.",
"modified": [
"No direct modification to 518.165; referenced as part of the custody framework."
]
},
"citation": "518.165",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced statute within the custody framework; no direct changes to 518.168 are indicated in the bill.",
"modified": [
"No direct modification to 518.168; used as a cross-reference in the amended framework."
]
},
"citation": "518.168",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced statute; the bill does not explicitly modify 518.17 but cites it in the custody determinations context.",
"modified": [
"No direct modification to 518.17; cited for context within the amended framework."
]
},
"citation": "518.17",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced statute; the bill does not directly modify 518.175 but uses it within the custody determinations framework.",
"modified": [
"No direct modification to 518.175; used as a cross-reference in the amended framework."
]
},
"citation": "518.175",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced statute; the bill does not directly modify 518.18 but references it within the custody framework.",
"modified": [
"No direct modification to 518.18; cited for context in the amended framework."
]
},
"citation": "518.18",
"subdivision": ""
},
{
"analysis": {
"added": [
"Explicit instruction to follow SooHoo v. Johnson in custody decisions."
],
"removed": [],
"summary": "The bill directs courts to adhere to the opinions issued in SooHoo v. Johnson as part of the framework for recognizing the parent-child relationship in custody determinations.",
"modified": [
"No direct statutory modification; incorporation of existing case law into the framework."
]
},
"citation": "SooHoo v. Johnson, 731 N.W.2d 815 (Minn. 2007)",
"subdivision": ""
},
{
"analysis": {
"added": [
"Explicit reliance on Troxel v. Granville to safeguard parental rights in custody decisions."
],
"removed": [],
"summary": "The bill requires courts to adhere to Troxel v. Granville (federal law) as a controlling framework for recognizing the fundamental right of the parent-child relationship in custody determinations.",
"modified": [
"No direct statutory modification; federal standard integrated into state framework."
]
},
"citation": "Troxel v. Granville, 530 U.S. 57 (2000)",
"subdivision": ""
}
]Progress through the legislative process
In Committee