MINNESOTA

POSITIVES:

• Minnesota's PTA is continuous, with no cliff effects.

• Minnesota's PTA appropriately takes into account the effect of the PTA on both parents' households.

• Minnesota's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.

NEGATIVES: 

• Minnesota's PTA has a very high threshold of 88 days.

• Minnesota's PTA doesn't recognize the fixed, duplicated costs involved in shared parenting.

POSITIVES:

• Minnesota statutes require a court “use a rebuttable presumption that upon request of either or both par- ties, joint legal custody is in the best interest of the child.” MINN. STAT. § 518.17

• Minnesota statutes specify that “[d]isagreement alone over whether to grant sole or joint custody does not constitute an inability of parents to cooperate in the rearing of their children.” MINN. STAT. § 518.17

• Minnesota statutes give courts the power to grant or enhance parenting time using a “best interest” standard and specifies that increasing the parenting time of a parent with less parenting time to near equality does not constitute a “restriction on the other parent’s parenting time.” Minnesota statutes require courts to justify any custody decision (sole or joint) imposed over the objections of one of the parents.

• Minnesota statutes require courts to consider a “friendly parent” factor in determining the child’s best interest. Minnesota statutes clearly indicate the content of parenting plans designed to facilitate shared parenting.

• Minnesota has statutory provisions for the enforcement of parenting time and resolving disputes over parenting time. These include provisions for pro se legal actions. Violations result in compensating time and may include fines and attorney’s fees. MINN. STAT. § 518.17

NEGATIVES: 

• Minnesota has no statutory preference for, or presumption of, shared physical custody for temporary or final orders. Indeed, such a preference or presumption is specifically denied.

• Minnesota statutes do not explicitly provide for shared parenting during temporary orders.

Poll conducted in partnership with Minnesota Shared Parenting Action Group

Highlights:

In instances of divorce or separation:

• 95% of those in Minnesota believe "it is in the child's best interest ... to have as much time as possible with each parent;"

• 94% of Minnesotans expressed a commitment to vote their beliefs being "more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent ...when both parents are fit and willing to be parents."

• 85% of those in Minnesota indicated they would support a change in Minnesota law that awards children as much time as possible with each parent.

• 85% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict.

• 90% believe that Minnesota should promote shared parenting for all children with separated parents.

• 90% believe that both parents should have equal rights and responsibilities following divorce or separation.