Minnesota courts encourage children to have frequent and substantial contact with both parents, provided they have shown the ability to act in the best interests of the child. Effective as of August 1, 2024, House File 3204 was enacted into law with the intention of promoting the child’s best interests — and ensuring that each parent will be treated fairly when it comes to parenting time arrangements. The new legislation aims to address common sources of conflict in custody matters more quickly and hold both parents accountable. In addition to the new child custody laws in Minnesota, the legislation includes provisions for spousal maintenance, prenuptial agreements, and parental rights and responsibilities relating to assisted reproduction.

The New Child Custody Laws in Minnesota

House File 3204 sets forth several new child custody laws in Minnesota. This legislation focuses on legal standards that promote fairness between parents, provide for efficiency in the legal process, and ensure the best interests of children. It’s vital for parents to understand how these laws can impact their parenting time and their children.

Specifically, the legislation includes provisions for the following:

• Minimum parenting time — While the amount of parenting time allotted can be increased based on the specific facts and circumstances of a case, the new law emphasizes that the 25% baseline for parenting time is a minimum, not a maximum.
• Custody and parenting time disputes — Under House File 3204, courts must consider the child’s parenting time with each parent prior to an action being commenced. Custody must be determined in a manner that supports the child’s opportunity to develop a meaningful relationship with each parent.
• Compensatory parenting time — Courts are now required to order compensatory parenting time to one parent when a child was intentionally kept from visits by the other parent. A sanction of up to $500 may be imposed on a parent who repeatedly or intentionally interferes with or denies parenting time.
• Expedited hearings for temporary relief — When access to a child is unreasonably denied for two weeks or more, or a parent is cut off from financial resources during divorce, courts must give priority for scheduling and hold a hearing within 30 days.
• Attorney fees and costs — The new law allows a parent to recover attorney fees and costs when suing for relief in connection with denied parenting time.

The new child custody laws in Minnesota prohibit courts from preferring one parent over the other based on their gender when it comes to determining child custody. The mental health and safety of the child have also been added to the list of considerations for a judge when deciding parenting time.

Spousal Maintenance

In addition to updating Minnesota’s parenting time and custody laws, House File 3204 clarifies the factors a court must consider when determining a spousal maintenance order. Specifically, a judge must evaluate the earnings, seniority, benefits, and lost employment opportunities of the spouse seeking maintenance. The court is also required to consider each spouse’s need and ability to prepare for retirement.

House File 3204 clarifies that an order for maintenance can be either transitional or indefinite, based on the length of the marriage. If the marriage lasted less than five years, there is a rebuttable presumption that maintenance should not be awarded. In the event the duration of the marriage was between five and 20 years, there is a rebuttable presumption that maintenance should be awarded for a period of time equivalent to one-half the length of the marriage. It is rebuttably presumed that a spouse would receive indefinite maintenance in a marriage lasting at least 20 years. Spousal maintenance may be modified or terminated upon a party’s retirement.

Prenuptial and Postnuptial Agreements

The new law changes the terms in connection with prenuptial and postnuptial agreements to be gender-neutral. It also clarifies the disclosure standards for these agreements with a focus on ensuring they are entered into fairly, with both spouses being represented by separate counsel. Under House File 3204, a postnuptial agreement “is presumed to be unenforceable if either party commences an action for a legal separation or dissolution within two years of the date of the agreement's execution, unless the spouse seeking to enforce the postnuptial agreement can establish that the postnuptial agreement is fair and equitable.”

Assisted Reproduction

House File 3204 incorporates the Uniform Parentage Act — also referred to as “Logan’s Law.” This clarifies the rights and responsibilities of parents who conceive through assisted reproduction by ensuring that intended parents who use donor gametes are considered the child’s legal parents. It specifies that donors are not automatically deemed the legal parents of a child, absent an agreement to the contrary.

Contact an Experienced Minnesota Family Law Attorney

The new child custody laws in Minnesota can have a significant impact on your parenting time and family. If you are parting ways with your spouse or are facing a custody dispute, it’s important to have a knowledgeable family law attorney by your side who can help ensure your parental rights are protected.

Louise Livesay is a family lawyer who practices in the Twin Cities area and has helped families resolve disputes respectfully and peacefully out of court for more than twenty years. If you would like to learn more about collaborative law, divorce mediation, or another family law issue, please contact us online for a consultation or by calling (651) 344-6100. We are available to meet in person or via Zoom, regardless of where you are in Minnesota.