1.1.................... moves to amend the ....... amendment (S0802A56) to S.F. No. 802, the
1.2third engrossment, as amended, as follows:
1.3Page 1, after line 2, insert:
1.4"Page 282, after line 3, insert:

1.5    "Sec. 2. Minnesota Statutes 2018, section 518.175, subdivision 1, is amended to read:
1.6    Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
1.7subsequent to the commencement of the proceeding and continuing thereafter during the
1.8minority of the child, the court shall, upon the request of either parent, grant such parenting
1.9time on behalf of the child and a parent as will enable the child and the parent to maintain
1.10a child to parent relationship that will be in the best interests of the child. The court shall
1.11use a rebuttable presumption that it is in the best interests of the child to protect each
1.12individual parent-child relationship by maximizing the child's time with each parent. The
1.13court, when issuing a parenting time order, may reserve a determination as to the future
1.14establishment or expansion of a parent's parenting time. In that event, the best interest
1.15standard set forth in subdivision 5, paragraph (a), shall be applied to a subsequent motion
1.16to establish or expand parenting time.
1.17(b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger
1.18the child's physical, mental, or emotional health or safety or impair the child's emotional
1.19development, the court shall restrict parenting time with that parent as to time, place, duration,
1.20or supervision and may deny parenting time entirely, as the circumstances warrant. The
1.21court shall consider the age of the child and the child's relationship with the parent prior to
1.22the commencement of the proceeding.
1.23(c) A parent's failure to pay support because of the parent's inability to do so shall not
1.24be sufficient cause for denial of parenting time.
2.1(d) The court may provide that a law enforcement officer or other appropriate person
2.2will accompany a party seeking to enforce or comply with parenting time.
2.3(e) Upon request of either party, to the extent practicable an order for parenting time
2.4must include a specific schedule for regular parenting time, including the frequency and
2.5duration of visitation parenting time and visitation parenting time during holidays and,
2.6vacations, and school breaks, unless parenting time is restricted, denied, or reserved.
2.7(f) The court administrator shall provide a form for a pro se motion regarding parenting
2.8time disputes, which includes provisions for indicating the relief requested, an affidavit in
2.9which the party may state the facts of the dispute, and a brief description of the parenting
2.10time expeditor process under section 518.1751. The form may not include a request for a
2.11change of custody. The court shall provide instructions on serving and filing the motion.
2.12(g) In the absence of other evidence, Unless otherwise agreed, there is a rebuttable
2.13presumption that a the court shall award each parent is entitled to receive a minimum of 25
2.1450 percent of the parenting time for the child. If it is not practicable to award 50 percent
2.15parenting time to each parent, the court shall maximize parenting time for each parent as
2.16close as possible to the 50 percent presumption. For purposes of this paragraph, the
2.17percentage of parenting time may be determined by calculating the number of overnights
2.18that a child spends with a parent or by using a method other than overnights if the parent
2.19has significant time periods on separate days when the child is in the parent's physical
2.20custody but does not stay overnight. The court may consider the age of the child in
2.21determining whether a child is with a parent for a significant period of time.
2.22(h) The court must include in a parenting time order the following:
2.23(1) the ability of each parent to comply with the awarded parenting time schedule; and
2.24(2) if a court deviates from the parenting time presumption under paragraph (g) and the
2.25parties have not otherwise made a parenting time agreement, the court shall make written
2.26findings of fact supported by clear and convincing evidence that the deviation results from
2.27one or more of the following:
2.28(i) a parent has a mental illness that was diagnosed by a licensed physician or by a
2.29licensed psychologist, and the mental illness endangers the safety of the child based on the
2.30opinion of the licensed physician or the licensed psychologist treating the parent;
2.31(ii) a parent refuses or fails to complete a chemical dependency evaluation or assessment
2.32ordered by a court, or a parent refuses or fails to complete chemical dependency
3.1recommendations as ordered by a licensed physician or by a licensed drug or alcohol
3.2counselor;
3.3(iii) a parent is unable to care for the child 50 percent of the time because of the parent's
3.4inability to modify the parent's schedule to accommodate having a child 50 percent of the
3.5time. An inability to modify a parent's schedule includes but is not limited to work, school,
3.6child care, or medical appointment scheduling conflicts that prevent a parent from
3.7maintaining parenting time with a child to accommodate the presumption under this section.
3.8A parent's provision for safe alternative care when the parent is not available during the
3.9parent's scheduled parenting time is not an inability of a parent to participate in a parenting
3.10time schedule under this paragraph;
3.11(iv) a parent's repeated willful failure to comply with parenting time awarded pursuant
3.12to a temporary order;
3.13(v) the distance required to travel between each parent's residence is so great that it
3.14makes the parenting time presumption impractical to meet;
3.15(vi) the child has a diagnosed medical or educational special need that cannot be
3.16accommodated by the parenting time presumption; or
3.17(vii) a child protection finding that the child is currently not safe under a parent's care.
3.18    (i) In assessing whether to deviate from the parenting time presumption in paragraph
3.19(g), the court shall consider that a reduction in a parent's parenting time may impair the
3.20parent's ability to parent the child, which may have negative impacts on the child.
3.21(j) If a child does not have a relationship with a parent due to an absence of one year or
3.22more with minimal or no contact with the child, or if the child is one year old or younger,
3.23the court may order a gradual increase in parenting time. If the court orders a gradual increase
3.24in parenting time, the gradual increase shall only be in effect for a period of one year or
3.25less, at which time the order shall provide for a parenting time schedule based on the
3.26parenting time presumption in paragraph (g).
3.27(k) The court shall not limit parenting time for a parent based solely on the age of the
3.28child. If the child is five years old or younger at the time the parenting time schedule is
3.29established and the order does not provide for equal parenting time, the order must include
3.30a provision for a possible future modification of the parenting time order.
3.31(l) The court shall not consider the gender of a parent or a parent's marital or relationship
3.32status in making parenting time determinations under this section.
4.1(m) An award of parenting time of up to 53 percent for one parent and not below 47
4.2percent for the other parent or a finding that domestic abuse has occurred, as defined in
4.3section 518B.01, subdivision 2, or a qualified domestic violence-related offense, as defined
4.4in section 609.02, subdivision 16, between the parents or between a parent and the child
4.5does not constitute a deviation from the parenting time presumption in paragraph (g).
4.6(n) In awarding parenting time, the court shall evaluate whether:
4.7(1) one parent has engaged in unwarranted interference between the child and the other
4.8parent;
4.9(2) one parent has made false allegations of domestic abuse; and
4.10(3) one parent has chronically denied or minimized parenting time to the other parent
4.11in order to gain advantage in custody matters.""
4.12Page 1, after line 4, insert:
4.13"Renumber the sections in sequence and correct the internal references
4.14Amend the title accordingly"