Custody and parenting time, spousal maintenance, antenuptial and postnuptial agreements, and assisted reproduction statutes modified

A new law updates statutes related to custody and parenting time, spousal maintenance, antenuptial and postnuptial agreements, and assisted reproduction.

Sponsored by Rep. Kelly Moller (DFL-Shoreview) and Sen. Bonnie Westlin (DFL-Plymouth), the law takes effect Aug. 1, 2024.

HF3204*/SF2759/CH101

Custody and parenting time

A family law court considering temporary custody and parenting time regarding minor children must consider the parenting time prior to an action and to determine custody and parenting time with an opportunity to develop a relationship with each parent.

While a proceeding for temporary relief is pending, the court must give priority to scheduling and holding an expedited hearing when a party credibly alleges they have been denied parenting time with a child for at least 14 consecutive days, or the party has been unreasonably denied access to necessary financial resources or support during a pending marital dissolution.

A court must consider credible allegations of domestic abuse, substance abuse, maltreatment findings, or neglect as a reasonable basis for a party who has denied parenting time to the other party. The mental health and safety of the child is added to the list of considerations for the court when determining parenting time.

In determining custody, the court must consider the best interests of the child and must not prefer one parent over the other solely based on the parent’s gender.

A court must order compensatory parenting time when the child was intentionally kept from visits by the other party and impose a sanction of up to $500 on a parent who repeatedly and intentionally denies or interferes with parenting time.

The new law allows a parent who sues for relief when they have been denied parenting time to receive attorney fees and costs. (Art. 1, Secs. 3-6, 8-9)

Spousal maintenance

In considering a spousal maintenance order, also known as alimony, the court must consider the earnings, seniority, benefits, and other employment opportunities forgone by the spouse seeking maintenance to support the other spouse or children. Aso to be considered is the need and ability of each spouse to prepare for retirement and the anticipated time of retirement.

The law specifies a maintenance order may be transitional or indefinite, determined by the length of marriage. If less than five years, the courts must rebuttably presume no maintenance should be awarded. For marriages of at least five years and less than 20 years, it is rebuttably presumed that transitional maintenance should be awarded with a duration of no longer than one-half the length of the marriage. For marriages of at least 20 years, it is rebuttably presumed that indefinite maintenance should be awarded.

The law specifies conditions that make the terms of an existing maintenance order unreasonable and unfair and therefore subject to court modification. If a party retires, spousal maintenance may be modified. (Art. 2, Secs. 2-5, 7)

Antenuptial and postnuptial agreements

Terms related to antenuptial, or prenuptial, contracts will become gender neutral. Contracts signed at any time between two people are valid, regardless of the existing statutory language on gender.

The law specifies procedural and substantive fairness requirements of an antenuptial agreement that make it valid and enforceable, including that each party provides a reasonably accurate description of all material facts of their income and good faith estimates of the value of their property and the basis for these disclosures.

A postnuptial agreement made at the time of a marriage dissolution will be valid and enforceable if it meets the same procedural and substantive fairness requirements of an antenuptial agreement.

And a postnuptial agreement will be valid and enforceable only if at the time of its execution each spouse is represented by separate legal counsel. (Art. 3, Secs. 1-2)

Assisted reproduction

Rights and responsibilities relating to assisted reproduction are updated.

“Assisted reproduction” is defined as a method of causing pregnancy other than sexual intercourse, but not including a pregnancy under a surrogacy agreement.

The law establishes a number of definitions, rules, regulations, rights and obligations regarding assisted reproduction, including orders of parentage, parental status of donors, ensuring an intended parent has the same rights and responsibilities as a parent who gave birth to a child using assisted reproduction, consent to assisted reproduction, spouse’s dispute of parentage, effect of dissolution, withdrawal of consent, and specifies the legal parenthood status of an individual who dies during the period between the transfer of a gamete or embryo and the birth of the child. (Art. 4, Secs. 1-9)

HF3204* / SF2759 / CH101