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Joint Custody Legislation
Parents of Minnesota are seeking a change in custody law that promotes
"family", is "family friendly" and minimizes the risk to children of not having
two
active parents in their lives. We believe this change should be balanced,
assume both parents are equally important to a child, empower both parents, help
parents to develop a parenting plan, discourage relocation in a shared
parenting plan and discourage the win-lose situation and bias in the courts.
A Minnesota law that recognizes both parent's importance in the raising of
their children and maximizes the amount of time a child has with both parents is
a critical and strong beginning. The encouragement of effective mediation and
equal shared parenting plan will be a positive and beneficial change for
children and parents of divorce and paternity cases in Minnesota.
More specifically we are seeking a change in court procedures by requiring
the court to make specific findings as to why they didn't order joint physical
custody instead of the current law/practice of making findings as to why they
did order joint custody.
We petition the Minnesota Legislature and Governor to pass a law that
will direct the courts to provide minor children with frequent, meaningful
and continuing contact with both their parents and encourage parents to share in
the equal rights and responsibilities of rearing their children following
divorce or paternity cases. We believe this law should expressly provide that
joint physical custody and substantially equal parenting time is in the best
interest of a child unless there is evidence that such a custody arrangement
would be harmful to the child's growth and development.
Simple Step You Can Take as an Advocate for JPC
Sign the National Shared Parenting Petition
Big News
2013-2014
Minnesota will not have a joint physical custody/equal shared parenting bill
in 2011. Senate leadership advised the public that no social issues would be
considered in 2013. Collaborative efforts with all stakeholders are underway
to prepare for a bill in 2014.
2011-2012 MN State Legislative Session
Rep. Peggy Scott (R) has authored
HF322, (bi-partisan co-authors available on link)
For audio and video of
House Civil Law Hearings (Jan 26, 2011, Feb 8, 2011)
Sen. Gretchen Hoffman (R) has authored
SF1168 and
SF1402 (bi-partisan co-authors available on link)
(Senate chief author changed to newly elected Sen Pam Wolf,
due to complexities with the legislative rules at the end of the session,
Chief Senate author then changed to seasoned Sen Michael Jungbauer.)
1 Page Flyer -
Why JPC/ESP?
1 Page Flyer -
Why JPC/ESP: What it IS/What it is NOT
JPC/ESP Bill Dies in 2011 MN Legislature
What Happened? What Next? How Can You Help?
2005-2006 MN State Legislative Session
Rep. Tim Mahoney (DFL) has authored
HF779,(co-authors available on link)
2007-2008 MN State Legislative Session
Rep. Tim Mahoney (DFL) has authored
HF1262,(co-authors available on link)
March 2008 - Testimony by Molly K Olson for
JPC Bill HF1262, (6 minutes)
Sen. Tom Neuville (R) has authored
SF1606,(co-authors available on link)
Sen. Kathy Salzman (DFL) is now authoring
SF1606,
2009-2010 MN State Legislative Session
Rep. Tim Mahoney (DFL) has authored
HF1003,(co-authors available on link)
Sen. Kathy Salzman (DFL) has authored
SF1223,(co-authors available on link)
Minnesota State Court Joint Physical Custody Study Group
Final Report to the Legislature, Jan 15, 2009
CPR in the NEWS!
City Pages Reports on JPC Study Group, Feb 4, 2009
State and Federal Legislation
Parents' Rights and Responsibilites Act of 2006
U.S. House of Representatives, 109th Congress, 2nd Session, 2006
Iowa Joint Custody Law
Iowa, House of Representatives, 2004
Petition for Ballot Initiative for Joint Physical Custody
North Dakota Shared Parenting Initiative
West Virginia Joint Physical Custody Bill
West Virginia, House of Delegates, 2007
Government Studies
A Parental Guide to Making Child-Focused Visitation Decisions
Minnesota Supreme Court Advisory Task Force, 1999
Selected Readings
The Best Interest of the Child and the Eye of the Beholder (Review of C. Panter-Brick, Abandoned Children)
PsycCRITIQUES--Contemporary Psychology: APA Review of Books, Gordon E. Finley, Vol. 47 (5), p.629-631, 2002.
Back to the Best Interest of the Child
Joint Parenting Association, July 2, 1993.
Bringing Fathers Back into the Family
St. Paul Pioneer Press, Kathleen Parker, Jun 19, 2008.
Child Adjustment in Joint-Custody Versus Sole-Custody Arrangements: A Meta-Analytic Review
Journal of Family Psychology, Richard Bauserman. Vol. 16 (1), p.91-102, March 2002.
Child Custody, Access and Parental Responsibility: The Search for a Just and Equitable Standard
Edward Kruk, M.S.W., Ph.D. University of British Columbia, December 2008,
(Full Report - 100 pages)
Child Custody, Access and Parental Responsibility: The Search for a Just and Equitable Standard
Edward Kruk, M.S.W., Ph.D. University of British Columbia, December 2008,
(Executive Summary - 9 pages)
Child Custody Policies and Divorce Rates in the United States
11th Annual Conference of the Children's Rights Council, October 23-26, 1997.
Washington, D.C.
Children Likely to Be Better Adjusted in Joint vs Sole Custody Arrangements in Most Cases
Journal of Family Psychology, Robert Bauserman. Vol. 16 (1), p.91-102, 2002.
Children's Living Arrangements Following Separation and Divorce: Insights From Impirical and Clinical Research
Family Process, Joan B. Kelly. Vol. 46, p.35-52, March 2007.
Controversies, Clarifications and Consequences of Divorce's Legacy: Introduction to the Special Collection
Family Relations, Sanford L. Braver. Vol. 52 (4), p.314-317, 2003.
Deadbeat or Deadbroke: Redefining Child Support for Poor Fathers
U.C. Davis Law Review, S. Maldonado. Vol. 39 (3), p.991-1022, 2006.
*Distress Among Young Adults from Divorced Families
Journal of Family Psychology, Lisa Laumann-Billings and Robert Emery. Vol. 14 (4), p.671-687, Dec 2000.
Divorce: The Rest of the Story (Review of A. Clarke-Stewart & C. Brentano, Divorce: Causes and Consequences)
PsycCRITIQUES--Contemporary Psychology: APA Review of Books, Gordon E. Finley, Vol. 52 (33), Article 155, Aug 15, 2007.
Effects of Joint Legal Custody on Mothers, Fathers, and Children Controlling for Factors That Predispose a Sole Maternal versus Joint Legal Award
Law and Human Behavior, Marjorie L. Gunnoe and Sanford L. Braver. Vol. 25 (1), p.1-19, 2001.
Father-Child Relationships Following Divorce
Encyclopedia of Human Ecology, Gordon E. Finley. Vol. 1 A-H, p.291-293, 2003.
*Father Involvement and Long-Term Young Adult Outcomes: The differential
Contributions of Divorce and Gender
Family Court Review, Gordon E. Finley and S. Schwartz. Vol. 45 (4), p.573-587, 2007.
The Gender Gap in Standard of Living After Divorce: Vanishingly Small
Family Law Quarterly, Sanford L. Braver. Vol. 33 (1), p.3-25, Spring 1999.
Joint Custody
Encyclopedia of Human Development, Gordon E. Finley. Vol. 2, p.745-747. 2006.
Joint Custody to be Italian Norm
ANSA, Rome Italy, January 25, 2006.
Joint Physical and Legal Custody Questions and Answers
Oct 2004.
*Listening to Children of Divorce: New Findings That Diverge From Wallerstein, Lewis, and Blakeslee
Family Relations, William V. Fabricius. Vol. 52 (4), p.385-396, Oct 2003.
The Law and Economics of Child Support Payments
Feminist Economics, Barbara Bergmann. Vol. 12, (4), p.676-677. Oct 2006.
Making Room for Daddy
St. Paul Pioneer Press, S. Renee Mitchell, Aug 24, 2008.
*The Myth of the Good Divorce (Review of E. Marquardt, Between Two Worlds)
PsycCRITIQUES--Contemporary Psychology: APA Review of Books, Gordon E. Finley. Vol. 51 (35), Article 17, Aug 2006.
Parsons and Bales Revisited: Young Adult Children's Characterization of the Fathering Role
Psychology of Men & Masculinity, Gordon E. Finley. Vol. 7 (1), Jan 2006.
Shared Parenting Facts and Fiction >br>
Dr. Linda Nielsen, ACFC, 2008.
2004 Introduction of Child Custody Presumption in Favor of Joint Physical Custody Provided
H.F. No. 2893, 83rd Legislative Session (2003-2004), Minnesota House of Representatives.
Selected Books
*Between Two Worlds: The Inner Lives of Children of Divorce
Elizabeth Marquardt. New York: Crown, 2006.
The Divorce Revolution: The Unexpected Social and Economic Consequences of Divorce for Women and Children in America
Lenore J. Weitzman. New York: Free Press, 1985.
*Divorced Dads: Shattering the Myths: The Surprising Truth about Fathers, Children, and Divorce
Sanford L. Braver. New York: Penquin Putnum, 1998.
Father and Child Reunion: How to Bring the Dads We Need to the Children We Love
Dr. Warren Farrell. New York: Penguin Group, 2001.
Selected Newspaper Articles
More Parents Share the Workload When Mom Learns to Let Go
Sharon Jayson. USA Today, Mary 4, 2009.
Judicial/Court Decisons
Welfare of the Child
The Daily Pioneer Press, December 14, 1895.
Amicus Brief by CPR, Attorney Thomas B. James
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