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KEY: stricken = removed, old language.underscored = new language to be added

sch0322a-6

1.1Senator .................... moves to amend H.F. No. 322 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 518.131, subdivision 7, is amended to
1.4read:
1.5    Subd. 7. Guiding factors. The court shall be guided by the factors set forth in
1.6chapter 518A (concerning child support), and sections 518.552 (concerning maintenance),
1.7518.17 to 518.175 (concerning custody and parenting time and the presumption of
1.8minimum parenting time), and 518.14 (concerning costs and attorney fees) in making
1.9temporary orders and restraining orders.

1.10    Sec. 2. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:
1.11    Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
1.12subsequent to the commencement of the proceeding and continuing thereafter during
1.13the minority of the child, the court shall, upon the request of either parent, grant such
1.14parenting time on behalf of the child and a parent as will enable the child and the parent to
1.15maintain a child to parent relationship that will be in the best interests of the child.
1.16    If the court finds, after a hearing, that parenting time with a parent is likely
1.17to endanger the child's physical or emotional health or impair the child's emotional
1.18development, the court shall restrict parenting time with that parent as to time, place,
1.19duration, or supervision and may deny parenting time entirely, as the circumstances
1.20warrant. The court shall consider the age of the child and the child's relationship with the
1.21parent prior to the commencement of the proceeding.
1.22    A parent's failure to pay support because of the parent's inability to do so shall not be
1.23sufficient cause for denial of parenting time.
1.24    (b) The court may provide that a law enforcement officer or other appropriate person
1.25will accompany a party seeking to enforce or comply with parenting time.
1.26    (c) Upon request of either party, to the extent practicable an order for parenting
1.27time must include a specific schedule for parenting time, including the frequency and
1.28duration of visitation and visitation during holidays and vacations, unless parenting time
1.29is restricted, denied, or reserved.
1.30    (d) The court administrator shall provide a form for a pro se motion regarding
1.31parenting time disputes, which includes provisions for indicating the relief requested, an
1.32affidavit in which the party may state the facts of the dispute, and a brief description of
1.33the parenting time expeditor process under section 518.1751. The form may not include
1.34a request for a change of custody. The court shall provide instructions on serving and
1.35filing the motion.
2.1    (e) In the absence of other evidence, there is a rebuttable presumption that a parent is
2.2entitled to receive at least 25 35 percent of the parenting time for the child. For purposes
2.3of this paragraph, the percentage of parenting time may be determined by calculating the
2.4number of overnights that a child spends with a parent or by using a method other than
2.5overnights if the parent has significant time periods on separate days when the child is in
2.6the parent's physical custody but does not stay overnight. The court may consider the age
2.7of the child in determining whether a child is with a parent for a significant period of time.

2.8    Sec. 3. EFFECTIVE DATE; APPLICATION.
2.9    (a) Section 2 is effective July 1, 2013, and applies to orders adopted or modified
2.10on or after that date.
2.11    (b) There must be no modification of an existing parenting time order based on the
2.12amendment to the parenting time presumption under section 2 until July 1, 2014, unless
2.13the child's environment presently endangers the child's physical or emotional health or
2.14impairs the child's emotional development."
2.15Delete the title and insert:
2.16"A bill for an act
2.17relating to family law; increasing the parenting time presumption;amending
2.18Minnesota Statutes 2010, sections 518.131, subdivision 7; 518.175, subdivision
2.191."