Last week we posted about a a bill, HR 322, that would raise Minnesota’s baseline custody presumption from 25% to 35%. Since our post, the Senate passed HF322. The MSBA Family Law Section opposes this legislation. The House had previously passed a version of the bill that set the presumption at 45.1% and only allowed the presumption to be overcome by proving, to a clear and convincing standard, the type of mistreatment that would trigger child protection proceedings. In the end, the House author asked her colleagues to concur with the Senate version; the House did so and the bill’s fate is now controlled by Gov. Dayton, who has not indicated whether he will sign it or veto it.
The Family Law Section Chair has written a letter asking Governor Dayton to veto the proposed legislation. To contact the Governor and express your views, please use this link.