SF4248

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