The Minnesota House of Representatives has passed HF322 – a bill that provides for a presumption of joint physical custody in Minnesota.
The bill is opposed by the Minnesota State Bar Association’s Family Law Section.
According to the bill, the presumption of joint physical custody could be overcome by a showing of mistreatment of a child or spouse that would trigger child protection proceedings.
Representative Melissa Hortman (D-Brooklyn Center) successfully added an amendment to require courts to report a finding of child abuse pursuant to the Maltreatment of Minors Act. Representative John Leach (D-St. Paul) also added an amendment that allows for “virtual parenting time” via internet, phone, or other electronic means.
As a member of the MSBA’s Family Law Section, I have mixed feelings. I believe that both parents should have a place in their child(ren)’s lives. I do, however, have concerns about the burden that the presumption could place on parents who, for example, want to move out of state.
Placing additional “presumptions” and other related burdens won’t solve the fact that divorcing or separating couples typically don’t get along very well. The presumption of joint physical custody could place the children in a bad situation where they are forced to share equal parenting time with two feuding parents.
I’ll keep readers of this blog posted on future movement on this bill.
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Joseph Flanders of Flanders Law Firm LLC is a family law and estate planning lawyer. For further information, check out his website or you can contact him by sending an email
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Based on your mixed feelings I’m going to work on the assumption that you are either A) naive B) an attorney or C) Don’t have children. As one of thousands of Mn fathers who have seen the injustice of the Minnesota Family Law system that puts lawyers and mediators ahead of children.
This is but a baby step towards justice (you know…the lady with the blindfold on.
Respectfully,
Alan Gergen
Cannon Falls, Mn
Mr. Gergen,
Thank you for expressing your opinion. I am an attorney and I certainly understand your feelings as a father (which I am one). I think the joint physical custody concept is a great. However, the family law system looks at the best interest of a child first. I have been involved in many cases where a presumption of joint physical custody would have caused more harm than good to children of feuding parents.
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