|Senate Counsel & Research||State of Minnesota|
|S.F. No. 3386 - Family Law Bill (subcommittee report)|
|Author:||Senator Thomas M. Neuville|
|Prepared by:||Kathleen Pontius, Senate Counsel (651/296-4394)|
|Date:||March 22, 2006|
Section 2 amends the presumptions under the paternity statute. Language addressing situations where the child has been received into a man's home is stricken and replaced by language adding a presumption in cases where during the first two years of the child's life, the man resided in the same household with the child for at least 12 months and openly held out the child as his own (rather than biological child). Language creating a presumption in cases where the statistical probability of paternity based on blood or genetic testing establishes the likelihood that a man is the father by 99 percent or greater. Note that other language in the bill in section 4, paragraph (b), and a new paragraph (c) addresses these situations.
Section 3 corrects cross-references, consistent with other changes in the paternity statute.
Section 4 amends the statute dealing with positive test results. Instead of providing that where the test result probability of paternity is 99 percent or greater, the alleged father is presumed to be the parent, there would be an evidentiary presumption that the alleged father is the biological father. A determination that the alleged father is the biological father would not preclude adjudication of another man as the legal father nor would it allow the donor of genetic material for assisted reproduction to claim to be the child's biological or legal parent.
Section 5 amends the statute dealing with custody and visitation actions by interested third parties to require a showing by clear and convincing evidence that granting the petition would not violate section 518.179, subdivision 1a (see section 14).
Section 6 amends the statute dealing with communication or contact agreements as part of adoptions to provide that for children under state guardianship, when there is a written communication or contact agreement between prospective adoptive parents and birth relatives other than the birth parents, it must be included in the final decree unless all parties agree to omit it. If the adoptive parents or birth relatives do not comply with the agreement, the court must determine the terms of the communication or contact agreement.
Section 7 amends the statute dealing with credentials of ministers to add special provisions for a Mej Koob to be authorized to solemnize marriages.
Section 8 amends the statute dealing with misdemeanor penalties for illegal marriages and false certificates to make it a misdemeanor for a person to knowingly facilitate or assist in arranging the solemnization of a marriage contrary to the provisions of chapter 517.
Section 9 amends the statute containing special provisions for solemnization of marriages for certain religions. Language that is stricken in subdivision 1 with respect to marriages among the people called Friends or Quakers is replaced by new language in subdivision 6. Under subdivision 3, Buddhists are added to the provisions currently applicable to Hindus and Muslims. Subdivision 4a adds the new provision under which Hmong marriages may be solemnized by a Mej Koob. Subdivision 6 contains provisions dealing with the filing of certificates for special solemnizations. It is based on a current law applicable to Quaker marriages, with clarifying changes. Subdivision 7 states that nothing in these special provisions authorizes solemnization of a marriage in violation of section 517.02 or other provisions of chapter 517, or solemnization of a marriage to which both parties do not voluntarily consent.
Section 10 amends the notices that must be attached to every marriage dissolution summons to modify the notice with respect to mediation requirements and the use of alternative dispute resolution.
Section 11 amends the parenting time statute to modify the rules applicable in cases where a parenting plan does not use traditional terms for custody. A parenting plan is not required to designate sole or joint legal or physical custody. If it substitutes other terms or does not make a designation and one is required for enforcement of the judgment and decree in another jurisdiction, it is considered solely for that purpose that the parents have joint legal and joint physical custody.
Section 12 amends the statute dealing with moving the residence of a child to another state to authorize parents to agree upon the legal standard that will govern court decisions as to whether to allow a move by applying it to all cases, not just those involving parenting plans.
Section 13 amends the general law governing approval of a move to another state. The court must apply a best interests standard when considering the request of a parent with whom the child resides to move the child's residence to another state. Factors that must be considered are specified. The burden of proof is upon the parent requesting the move unless the court finds that that person has been a victim of domestic abuse by the other parent, in which case the burden of proof is on the parent opposing the move.
Section 14 amends the statute prohibiting persons who have been convicted of certain crimes from having custody or parenting time to provide that a person convicted of a listed crime may not be considered for custody of a child unless the child is the person's child by birth or adoption.
Section 15 amends the statute dealing with modification of custody orders to allow a modification in a case where a court has denied a request to move the residence of a child to another state and the primary custodial parent relocated despite the court's order.
Section 16 amends the information required as part of a summary real estate disposition judgment.
Section 17 modifies references to pension plans in the division of marital property to refer to "defined benefit" pension plans.
Section 18 amends the definition of "neglect" in the Maltreatment of Minors Act to include allowing a child to enter into a marriage in violation of section 517.02, allowing a child to enter into a marriage without consent, or otherwise allowing solemnization in accordance with the form and usage of a particular religion or culture in violation of law.
Section 19 expands the mandated reporters to include a person who has authority to solemnize a marriage under chapter 517 who has received information regarding neglect, as defined in section 18, while engaged in the performance of that function.
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