Custody and parenting time presumptions modification
Summary
SF697 would change Minnesota family law standards for custody and parenting time by revising the “best interests of the child” factors and creating stronger presumptions favoring joint custody and substantial parenting time with both parents. The bill keeps the existing list of factors courts must consider, but it adds language directing courts to make detailed findings on each factor, to avoid relying on one factor to the exclusion of others, and to recognize that both parents are generally capable of nurturing relationships with their children unless substantial reasons show otherwise.
The bill also changes the parenting-time statute by increasing the rebuttable presumption for minimum parenting time from 25 percent to 40 percent in the absence of other evidence. It preserves the court’s authority to restrict or deny parenting time when contact would endanger the child’s physical, mental, or emotional health, and it continues to require specific schedules when practicable. The bill would take effect August 1, 2025, and apply to proceedings begun on or after that date.
Impact
If enacted, SF697 would amend Minnesota Statutes sections 518.17 and 518.175, altering how courts decide custody and parenting time in dissolution, legal separation, and related proceedings. It would strengthen the legal presumption in favor of joint legal and physical custody when requested by one or both parties, while retaining a rebuttable presumption against joint custody in cases involving domestic abuse. It would also raise the default minimum parenting-time expectation to 40 percent and clarify that parenting time can be measured by overnights or other significant periods of physical custody. These changes would affect parents, children, family court judges, and custody evaluators statewide.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the available context suggests the measure is framed as a pro-parenting-time, pro-joint-custody reform. Its sponsors appear to favor a stronger presumption that children benefit from meaningful involvement with both parents. Because there are no transcripts or vote records provided, there is no documented committee sentiment to indicate support or opposition beyond the bill’s structure and sponsor intent.
Contention
The main points of contention likely concern the shift toward a stronger presumption of joint legal and physical custody and the increase in the minimum parenting-time presumption from 25 percent to 40 percent. Supporters would likely argue that the bill promotes shared parenting and more consistent involvement by both parents, while opponents may worry that a higher presumption could reduce judicial flexibility in cases involving conflict, practical caregiving differences, or child-specific needs. The bill also preserves an exception for domestic abuse, which is likely to be a central issue in any debate over whether the new presumptions are appropriate and sufficiently protective.