Best interests of the child. Old Factors: (1) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any; and (2) the child's cultural background. Old Factors: (1) except in cases in which a finding of domestic abuse as defined in section. This is a subtle reminder to the parties that their interests are secondary to the interests of the child. New and Improved - the Best Interest Standard for Child Custody in MN. Old factor: The reasonable preferences of the child, if the court deems the child to be of sufficient age to express preference; New factor: the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference. The new factor preserves the court’s concern for whether or not domestic abuse is occurring or has occurred in the home; however, the new wording emphasizes that the court’s focus should be on how domestic abuse affects the child at issue. Official Publication of the State of Minnesota Revisor of Statutes 1 MINNESOTA STATUTES 2020 518.17 New Factor: the effect of the proposed arrangements on the ongoing relationships between the child and each parent, siblings, and other significant persons in the child's life. (a) The policy of the state of Minnesota is to ensure that the child's best interests are met by requiring an individualized determination of the needs of the child and of how the selected placement will serve the needs of the child being placed. The new statute also eliminates the two step analysis and instructs the court to consider the parities’ ability to co-parent from the beginning of the inquiry by establishing 12 new best interest factors. 518.17), there are 12 different factors that courts must consider when determining what type of custody & visitation arrangement is in the best interests of the child. on age, this new factor recognizes that age is not always an indication of maturity. If either party sought joint physical custody, a four-step analysis of the party’s ability to co-parent followed the first step. Judges must always focus primarily on what is in a child's overall best interests. Subdivision 1. (2) The court shall consider that it is in the best interests of the child to promote the child's healthy growth and development through safe, stable, nurturing relationships between a child and both parents. Old factor: the child's primary caretaker; New factor: the history and nature of each parent's participation in providing care for the child. This summer Minnesota enacted significant changes to Minnesota Statute Section 518.17, which defines the best interests test for child custody matters. Old Factors: (1) the intimacy of the relationship between each parent and the child; (2) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests; (3) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; and (4) the permanence, as a family unit, of the existing or proposed custodial home. Specifically, these factors are as follows: At Kohlmeyer Hagen, Law Office Chtd., our family law attorneys have many years of experience handling child custody cases. Old Factor: the mental and physical health of all individuals involved; except that a disability, as defined in section. We will protect your parental rights and help you obtain a favorable outcome in your child custody case. Under Minnesota law (MN Statutes Sec. These factors also move away from the labels of sole physical and joint physical custody and encourage both parents to maximize their time with the child, regardless of their custody designation. What follows is a brief comparison and analysis of the changes made to the law. New factor: The effect on the child’s well-being and development of changes to home, school, and community. Previously, when tasked with decisions regarding child custody and parenting time, Minnesota courts engaged in a two-step process. Old factor: the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section. This enables the court to be flexible in its evaluation of a situation and to discard factors that it may deem unimportant. Posted Dec 11, 2019 by Kohlmeyer Hagen Law Office | Child Custody. This consideration had previously gone unmentioned in the best interest factors and the inclusion of the factor suggests that parenting time could be modified due to a parent’s lack of participation. Here the new wording recognizes that not every parent child relationship is as simple as a designation of primary or non-primary caretaker. This new wording reflects the often times nuanced parental roles and allows the court to look at the entire history of the relationship without confining parties to the use of such black and white language. Instead of focusing solely on age, this new factor recognizes that age is not always an indication of maturity. From our law office in Mankato, we represent parents and legal guardians throughout Southern Minnesota, including Rochester. Not only does this allow the court to consider all ongoing relationships in a child’s life, including relationships with people not previously enumerated in the statute, but the new factor also eliminates the requirement that the court consider the length and permanency of the custody arraignment. (a) In evaluating the best interests of the child for purposes of determining issues of custody and parenting time, the court must consider and evaluate all relevant factors, including: (1) a child's physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child's needs and development; The first step involved weighing 13 “best interest” factors.. In Minnesota, child custody determinations are made by determining what is best for the child. New Factor: (1) any physical, mental, or chemical health issue of a parent that affects the child's safety or developmental needs; (2) any special medical, mental health, or educational needs that the child may have that may require special parenting arrangements or access to recommended services. This new wording incorporates several of the old factors into one much more general factor. All rights reserved. These new factors are important because they instruct the court, in every case, to consider the capability of the parties to co-parent, their willingness to resolve disputes without court intervention, and their ability to foster and encourage positive relationships between their child and their co-parent. Under Minnesota law (MN Statutes Sec. © 2020 Wilson Law Group. The second new factor focuses not on the health of all individuals involved, as it did previously, but rather on the health of the child and, crucially, a parent’s ability to access help in addressing those needs. New factor: whether domestic abuse, as defined in section 518B.01, has occurred in the parents' or either parent's household or relationship; the nature and context of the domestic abuse; and the implications of the domestic abuse for parenting and for the child's safety, well-being, and developmental needs.
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