Wiliams Divorce & Family Law Logo

CAN WE HELP?Request your free 30 minute consultOR CALL US AT 651-332-7650

  • Home
  • Our Staff
    • Attorney Gerald O. Williams
    • Paralegal Jocelyn Daul
  • Practice Areas
    • Alimony
    • Child Custody
    • Child Support
    • Collaborative Divorce
    • Divorce
    • International Custody
    • Interstate Custody
    • LGBTQIA+ Divorce & Custody
    • Mediation
  • Billing
    • Billing FAQ
    • Flat Fee Divorce
  • Blog
  • Clients
    • Making Payments
  • About Us
    • Contact Us
    • Directions to Williams Divorce and Family Law
    • Resources
    • Privacy Policy

Study Group’s Report on Joint Physical Custody Presumption

Posted by Gerald Williams 
· January 15, 2009 
· 2 Comments

In a February 2008 blog entry, I mentioned that a bill came before the Minnesota Legislature to enact a presumption in favor of joint physical custody in Minnesota family courts.  The legislative committee referred the bill to a study group, whose charge was to consider the prospect of a joint physical custody presumption. 

The study group has issued its report with six non-comprehensive, non-unanimous recommendations.  The study group has recommended that the Legislature do the following:

1. Fund the collection of data regarding custody arrangements and parenting plans over several years;

2. Promote cooperative agreements in future custody and parenting legislation;

3. Continue to provide the family court the ability to consider individual needs of children and families in making custody and parenting decisions;

4. Consider the essential importance of the safety of children and parents;

5. Amend current statutes to make it clear that there is no presumption for or against joint physical custody (except for the rebuttable presumption against joint physical custody in cases involving domestic abuse); and

6. If there were a presumption of joint physical custody in the future, that the term be clearly defined, and its relationship to the determination of parenting time also be clearly defined.

While the study group worked under time limitations that precluded more comprehensive recommendations, the conclusions reached by the study group reflect thorough consideration of the issue.  
2 Comments
Categories : Child Custody
Previous Post →
← Next Post

Comments

  1. Tim Radosevich says:
    April 28, 2009 at 11:37 pm

    If 2 people are separated and agreed in discussions to have joint physical custody, is there any legal form that could be signed by both parties that would legally bind the two parties until all of the divorce proceedings have completed?
    This would legally prevent them from changing their minds and could not be overturned in court.

    Reply
  2. Yuri Joakimidis says:
    July 9, 2009 at 3:56 am

    Both research and the views of the children in divorce point to a presumption in favour of joint physical custody.
    The study group’s recommendations simply delayed the inevitable.

    Reply

Leave a Reply Cancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Recent Posts

  • Child Support and Alimony Arrears
  • Spousal Maintenance Payments Are Not Deductible From Taxable Income
  • Interesting Perspective on Divorce, Mediation and Collaborative Law
  • Independence of Provisions for Parenting Time and Child Support
  • Name Change in Divorce

Categories

  • Alimony / Spousal Maintenance (8)
  • Child Custody (42)
  • Child Support (21)
  • Co-parenting (1)
  • Court of Appeals (2)
  • Divorce (45)
  • Financial Issues (2)
  • General Family Law (53)
  • Guardian ad litem (6)
  • Interstate issues (2)
  • LGBTQIA Divorce (5)
  • Mediation (5)
  • Mental Health (3)
  • Parenting Plans (1)
  • Parenting Time (17)
  • Parenting time expeditor (3)
  • Uncategorized (37)
  • Uncontested Divorce (6)
Copyright © 2025 Williams Divorce & Family Law All Rights Reserved. | Privacy Policy

The content of this website is for general informational purposes only and does not constitute legal advice or an attorney-client relationship. To establish an attorney-client relationship with Williams Divorce & Family Law requires a retainer agreement signed by you and attorney Gerald O. Williams.

Minnesota divorce attorney, Gerald O. Williams, represents clients in divorce and family law primarily in the communities of Woodbury, St. Paul, Minneapolis, Eagan, Inver Grove Heights, Cottage Grove, Maplewood, Oakdale, Lake Elmo, and Stillwater, as well as the greater seven county metro area including Washington, Ramsey, Hennepin, Dakota, Anoka, Scott, and Carver.