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(USA-Minnesota) Presumptive Joint Physical Custody Group: Report under House File 1262

This paper considers the impact of a proposed bill, House File 1262, which sets forth a presumption of joint custody in divorce situations.

NB: This paper is from and relates to the USA state of Minnesota, with an appendix summarising shared parenting details in other American states. It is posted here becuase it contains discussion of the broader issues of shared parenting and residency, called joint physical custody in the USA, thay may be of interest or use.

This paper (PDF, 600KB) considers the impact of a proposed bill, House File 1262, which sets forth a presumption of joint custody in divorce situations. The current study group was created after a February 28, 2008 hearing on the proposed bill. Upon questioning by the legislative committee considering the bill, none of the supporters or opponents of the bill had data from other states on the effects of creating a presumption of Joint Physical Custody, or information regarding whether other states had adopted such a rule. This led to a proposal to delete the entire text of the bill and replace it with the current text calling for this study group. Specifically, the Supreme Court designated this group:

to consider the impact that a presumption of joint physical custody would have in Minnesota. The evaluation must consider the positive and negative impact on parents and children of adopting a presumption of joint physical custody, the fiscal impact of adopting this presumption and the experiences of other states that have adopted a presumption of joint physical custody. The study must consider data and information from academic and research professionals.

This paper thus considers these and other issues.

ACKNOWLEDGEMENTS

Organizations and Law Firms: Dorsey & Whitney LLP

Individuals: Alicia Mills ~ Kevin Maler ~ Brett Eilander ~ Amanda Igbani ~ Michelle Grant ~ Britta Schnoor ~ Bradley Smith ~ Steve McLaird ~ Bridget Hayden ~ Michelle Dawson ~ Elizabeth Temple ~ Amber Kocsis ~ Ken Levitt ~ Lola Velazquez Aguilu

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Presumptive Joint Physical Custody
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