Under Minnesota law, when divorcing parents cannot agree on a child custody arrangement, the judge makes the final decision. Although custody is often a hotly contested issue, judges do not end up with the last say very often in St. Paul because parents and their family law attorneys are usually able to negotiate acceptable terms on their own.

However, a bill is going to be discussed in the Minnesota House of Representatives this session that could change child custody laws. If passed into law, House File 322 or the Children's Equal and Shared Parenting Act would require that in almost every divorce case involving minor children, each parent would automatically be awarded no less than 45 percent of parenting time.

This joint-custody rule would not apply in cases of domestic abuse.

Proponents of the bill argue that the new law would boost father's rights, as it is gender-neutral. They argue that children benefit from having both parents involved in their upbringing and that the bill eliminates the consuming and sometimes destructive debates parents have about child custody. Proponents have also said existing child custody laws are outdated, because many mothers now work and many fathers are more involved in childrearing than they once were.

However, critics say that when parents cannot agree, the judge should have discretion. Minnesota judges currently consider more than 12 distinct factors when deciding a question of custody. Critics also say that the question of child custody should examine what is in the best interest of the child-and various elements of joint custody, such as parent animosity and instability, are not good for children.

Critics have called the bill a mandate for joint custody, and that the one-size-fits-all approach will not work for each and every divorce.

Under current Minnesota law, child custody arrangements are designed to serve the child's best interests above everything else. Every custody proceeding includes the determination of both physical custody and legal custody. Physical custody refers to the child's primary residence and a parenting time schedule, while legal custody is the parent's authority to make decisions on the child's behalf with regard to such things as schooling and medical care. Skilled family law attorneys often help Minnesota parents to find custody arrangements that everyone can support and that will work for their unique family needs.

Source: Minnesota Lawyer, "2012 Session: Child custody fight headed to St. Paul," Patrick Thornton, Jan. 20, 2012