Minnesota Divorce Legislation Would Require Judges to Presume Shared Physical Custody of Children
Minnesota divorce legislation would change how state courts initially examine child custody by presuming that divorced parents share physical custody of their children. A Minnesota Public Radio story details how state courts have traditionally awarded physical custody to one parent, typically the mother, based on the belief that children need stability and should not be shuttled back and forth. Senator Tom Neuville has sponsored divorce legislation which he feels would dispel this notion during divorce cases.
Neuville says such antiquated notions have sent the wrong message that a father is less of a parent and ultimately caused some children to miss out on relationships with their dads. Under Neuville’s Minnesota divorce legislation, judges would not necessarily have to grant joint physical custody in every case but would have to begin with this premise, with exceptions including prior domestic or child abuse. The bill does not detail a specific division of parenting time, but does say that it doesn’t have to be 50/50.
Minnesota and its courts define child custody in two ways – physically and legally. The parent with legal custody makes decisions on education, medical care and other big issues in the child’s life. The MPR story says that judges typically look at 13 factors to determine what’s best for the child, including the proximity between the child and parents, the child’s preference and much more.
Opponents to Neuville’s Minnesota divorce legislation feel that judges should solely rely on these 13 factors when determining child custody. Minnesota family law attorney Pamela Waggoner expressed her belief in the story that judges should not have to start with any type of presumption. Another divorce attorney, Barbara Aaby, disagreed. She said in the story that it is now an exception rather than the rule for fathers not to expect shared physical custody. Aaby added that this presumption is in the best interests of the child.
We’ll keep you updated on the latest developments with this Minnesota divorce legislation.
