Bill Text: MN HF2942 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Virtual parenting time allowed.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-20 - Introduction and first reading, referred to Civil Law [HF2942 Detail]
Download: Minnesota-2011-HF2942-Introduced.html
1.2relating to family law; allowing virtual parenting time;amending Minnesota
1.3Statutes 2010, sections 518.1705, subdivisions 2, 3, 9; 518.175, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 518.1705, subdivision 2, is amended to
1.6read:
1.7 Subd. 2. Plan elements. (a) A parenting plan must include the following:
1.8(1) a schedule of the time each parent spends with the child;
1.9(2) a designation of decision-making responsibilities regarding the child;and
1.10(3) a method of dispute resolution.; and
1.11(4) virtual parenting time, if the equipment necessary for virtual parenting time
1.12is reasonably available.
1.13(b) A parenting plan may include other issues and matters the parents agree to
1.14regarding the child.
1.15(c) Parents voluntarily agreeing to parenting plans may substitute other terms for
1.16physical and legal custody, including designations of joint or sole custody, provided that
1.17the terms used in the substitution are defined in the parenting plan.
1.18(d) For purposes of this subdivision, "virtual parenting time" means reasonable
1.19and uncensored time during which a parent and the parent's child communicate during
1.20reasonable hours by using communication tools such as a telephone, electronic mail,
1.21instant messaging, video conferencing or other wired or wireless technologies via the
1.22Internet, or other medium of communication. Virtual parenting time may only be used to
1.23supplement parenting time with the child. Virtual parenting time may not be used as a
1.24replacement or as a substitute for parenting time with the child.
2.1 Sec. 2. Minnesota Statutes 2010, section 518.1705, subdivision 3, is amended to read:
2.2 Subd. 3. Creating parenting plan; restrictions on creation; alternative. (a) Upon
2.3the request of both parents, a parenting plan must be created in lieu of an order for child
2.4custody and parenting time unless the court makes detailed findings that the proposed
2.5plan is not in the best interests of the child.
2.6(b) If both parents do not agree to a parenting plan, the court may create one on its
2.7own motion, except that the court must not do so if it finds that a parent has committed
2.8domestic abuse against a parent or child who is a party to, or subject of, the matter
2.9before the court. If the court creates a parenting plan on its own motion, it must not use
2.10alternative terminology unless the terminology is agreed to by the parties.
2.11(c) If an existing order does not contain a parenting plan, the parents must not be
2.12required to create a parenting plan as part of a modification order under section518A.39 .
2.13(d) A parenting plan must not be required during an action under section256.87 .
2.14(e) If the parents do not agree to a parenting plan and the court does not create one
2.15on its own motion, orders for custody and parenting time must be entered under sections
2.16518.17
and
518.175 or section
257.541 , as applicable.
2.17(f) If the parents cannot agree on whether virtual parenting time equipment is
2.18reasonably available for purposes of subdivision 2, paragraph (a), clause (4), the court
2.19shall decide whether the equipment is reasonably available, taking into consideration:
2.20(1) the best interests of the child;
2.21(2) each parent's ability to handle any additional expenses for virtual parenting
2.22time; and
2.23(3) any other factors the court considers material.
2.24 Sec. 3. Minnesota Statutes 2010, section 518.1705, subdivision 9, is amended to read:
2.25 Subd. 9. Modification of parenting plans. (a) Parents may modify by agreement:
2.26(1) the schedule of the time each parent spends with the childor;
2.27(2) the decision-making provisions of a parenting planby agreement; or
2.28(3) the parenting plan by adding virtual parenting time.
2.29To be enforceable, modifications must be confirmed by court order. A motion to
2.30modify decision-making provisions or the time each parent spends with the child may be
2.31made only within the time limits provided by section518.18 .
2.32(b) The parties may agree, but the court must not require them, to apply the best
2.33interests standard in section518.17 or
257.025 , as applicable, for deciding a motion for
2.34modification that would change the child's primary residence, provided that:
3.1(1) both parties were represented by counsel when the parenting plan was approved;
3.2or
3.3(2) the court found the parties were fully informed, the agreement was voluntary,
3.4and the parties were aware of its implications.
3.5(c) If the parties do not agree to apply the best interests standard, section518.18,
3.6paragraph (d) , applies.
3.7 Sec. 4. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:
3.8 Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
3.9subsequent to the commencement of the proceeding and continuing thereafter during
3.10the minority of the child, the court shall, upon the request of either parent, grant such
3.11parenting time on behalf of the child and a parent as will enable the child and the parent to
3.12maintain a child to parent relationship that will be in the best interests of the child.
3.13If the court finds, after a hearing, that parenting time with a parent is likely
3.14to endanger the child's physical or emotional health or impair the child's emotional
3.15development, the court shall restrict parenting time with that parent as to time, place,
3.16duration, or supervision and may deny parenting time entirely, as the circumstances
3.17warrant. The court shall consider the age of the child and the child's relationship with the
3.18parent prior to the commencement of the proceeding.
3.19A parent's failure to pay support because of the parent's inability to do so shall not be
3.20sufficient cause for denial of parenting time.
3.21(b) The court may provide that a law enforcement officer or other appropriate person
3.22will accompany a party seeking to enforce or comply with parenting time.
3.23(c) Upon request of either party, to the extent practicable an order for parenting
3.24time must include:
3.25(1) a specific schedule for parenting time, including the frequency and duration of
3.26visitation and visitation during holidays and vacations, unless parenting time is restricted,
3.27denied, or reserved.; and
3.28(2) virtual parenting time, as defined in section 518.1705, subdivision 2, paragraph
3.29(d), at reasonable hours and for a reasonable duration, unless parenting time is restricted,
3.30denied, or reserved, and if the equipment is reasonably available, provided that if the
3.31parties cannot agree on whether the equipment is reasonably available, the court shall
3.32decide whether the equipment for virtual parenting time is reasonably available, taking
3.33into consideration:
3.34(i) the best interests of the child;
4.1(ii) each parent's ability to handle any additional expenses for virtual parenting
4.2time; and
4.3(iii) any other factors the court considers material.
4.4(d) The court administrator shall provide a form for a pro se motion regarding
4.5parenting time disputes, which includes provisions for indicating the relief requested, an
4.6affidavit in which the party may state the facts of the dispute, and a brief description of
4.7the parenting time expeditor process under section518.1751 . The form may not include
4.8a request for a change of custody. The court shall provide instructions on serving and
4.9filing the motion.
4.10(e) In the absence of other evidence, there is a rebuttable presumption that a parent is
4.11entitled to receive at least 25 percent of the parenting time for the child. For purposes of
4.12this paragraph, the percentage of parenting time may be determined by calculating the
4.13number of overnights that a child spends with a parent or by using a method other than
4.14overnights if the parent has significant time periods on separate days when the child is in
4.15the parent's physical custody but does not stay overnight. The court may consider the age
4.16of the child in determining whether a child is with a parent for a significant period of time.
1.3Statutes 2010, sections 518.1705, subdivisions 2, 3, 9; 518.175, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 518.1705, subdivision 2, is amended to
1.6read:
1.7 Subd. 2. Plan elements. (a) A parenting plan must include the following:
1.8(1) a schedule of the time each parent spends with the child;
1.9(2) a designation of decision-making responsibilities regarding the child;
1.10(3) a method of dispute resolution
1.11(4) virtual parenting time, if the equipment necessary for virtual parenting time
1.12is reasonably available.
1.13(b) A parenting plan may include other issues and matters the parents agree to
1.14regarding the child.
1.15(c) Parents voluntarily agreeing to parenting plans may substitute other terms for
1.16physical and legal custody, including designations of joint or sole custody, provided that
1.17the terms used in the substitution are defined in the parenting plan.
1.18(d) For purposes of this subdivision, "virtual parenting time" means reasonable
1.19and uncensored time during which a parent and the parent's child communicate during
1.20reasonable hours by using communication tools such as a telephone, electronic mail,
1.21instant messaging, video conferencing or other wired or wireless technologies via the
1.22Internet, or other medium of communication. Virtual parenting time may only be used to
1.23supplement parenting time with the child. Virtual parenting time may not be used as a
1.24replacement or as a substitute for parenting time with the child.
2.1 Sec. 2. Minnesota Statutes 2010, section 518.1705, subdivision 3, is amended to read:
2.2 Subd. 3. Creating parenting plan; restrictions on creation; alternative. (a) Upon
2.3the request of both parents, a parenting plan must be created in lieu of an order for child
2.4custody and parenting time unless the court makes detailed findings that the proposed
2.5plan is not in the best interests of the child.
2.6(b) If both parents do not agree to a parenting plan, the court may create one on its
2.7own motion, except that the court must not do so if it finds that a parent has committed
2.8domestic abuse against a parent or child who is a party to, or subject of, the matter
2.9before the court. If the court creates a parenting plan on its own motion, it must not use
2.10alternative terminology unless the terminology is agreed to by the parties.
2.11(c) If an existing order does not contain a parenting plan, the parents must not be
2.12required to create a parenting plan as part of a modification order under section
2.13(d) A parenting plan must not be required during an action under section
2.14(e) If the parents do not agree to a parenting plan and the court does not create one
2.15on its own motion, orders for custody and parenting time must be entered under sections
2.17(f) If the parents cannot agree on whether virtual parenting time equipment is
2.18reasonably available for purposes of subdivision 2, paragraph (a), clause (4), the court
2.19shall decide whether the equipment is reasonably available, taking into consideration:
2.20(1) the best interests of the child;
2.21(2) each parent's ability to handle any additional expenses for virtual parenting
2.22time; and
2.23(3) any other factors the court considers material.
2.24 Sec. 3. Minnesota Statutes 2010, section 518.1705, subdivision 9, is amended to read:
2.25 Subd. 9. Modification of parenting plans. (a) Parents may modify by agreement:
2.26(1) the schedule of the time each parent spends with the child
2.27(2) the decision-making provisions of a parenting plan
2.28(3) the parenting plan by adding virtual parenting time.
2.29To be enforceable, modifications must be confirmed by court order. A motion to
2.30modify decision-making provisions or the time each parent spends with the child may be
2.31made only within the time limits provided by section
2.32(b) The parties may agree, but the court must not require them, to apply the best
2.33interests standard in section
2.34modification that would change the child's primary residence, provided that:
3.1(1) both parties were represented by counsel when the parenting plan was approved;
3.2or
3.3(2) the court found the parties were fully informed, the agreement was voluntary,
3.4and the parties were aware of its implications.
3.5(c) If the parties do not agree to apply the best interests standard, section
3.6paragraph (d)
3.7 Sec. 4. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:
3.8 Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
3.9subsequent to the commencement of the proceeding and continuing thereafter during
3.10the minority of the child, the court shall, upon the request of either parent, grant such
3.11parenting time on behalf of the child and a parent as will enable the child and the parent to
3.12maintain a child to parent relationship that will be in the best interests of the child.
3.13If the court finds, after a hearing, that parenting time with a parent is likely
3.14to endanger the child's physical or emotional health or impair the child's emotional
3.15development, the court shall restrict parenting time with that parent as to time, place,
3.16duration, or supervision and may deny parenting time entirely, as the circumstances
3.17warrant. The court shall consider the age of the child and the child's relationship with the
3.18parent prior to the commencement of the proceeding.
3.19A parent's failure to pay support because of the parent's inability to do so shall not be
3.20sufficient cause for denial of parenting time.
3.21(b) The court may provide that a law enforcement officer or other appropriate person
3.22will accompany a party seeking to enforce or comply with parenting time.
3.23(c) Upon request of either party, to the extent practicable an order for parenting
3.24time must include:
3.25(1) a specific schedule for parenting time, including the frequency and duration of
3.26visitation and visitation during holidays and vacations, unless parenting time is restricted,
3.27denied, or reserved
3.28(2) virtual parenting time, as defined in section 518.1705, subdivision 2, paragraph
3.29(d), at reasonable hours and for a reasonable duration, unless parenting time is restricted,
3.30denied, or reserved, and if the equipment is reasonably available, provided that if the
3.31parties cannot agree on whether the equipment is reasonably available, the court shall
3.32decide whether the equipment for virtual parenting time is reasonably available, taking
3.33into consideration:
3.34(i) the best interests of the child;
4.1(ii) each parent's ability to handle any additional expenses for virtual parenting
4.2time; and
4.3(iii) any other factors the court considers material.
4.4(d) The court administrator shall provide a form for a pro se motion regarding
4.5parenting time disputes, which includes provisions for indicating the relief requested, an
4.6affidavit in which the party may state the facts of the dispute, and a brief description of
4.7the parenting time expeditor process under section
4.8a request for a change of custody. The court shall provide instructions on serving and
4.9filing the motion.
4.10(e) In the absence of other evidence, there is a rebuttable presumption that a parent is
4.11entitled to receive at least 25 percent of the parenting time for the child. For purposes of
4.12this paragraph, the percentage of parenting time may be determined by calculating the
4.13number of overnights that a child spends with a parent or by using a method other than
4.14overnights if the parent has significant time periods on separate days when the child is in
4.15the parent's physical custody but does not stay overnight. The court may consider the age
4.16of the child in determining whether a child is with a parent for a significant period of time.
