Minnesota Sole Custody Agreement

SOLE CUSTODY AGREEMENT

Pursuant to Minn. Stat. §§ 518.17 and 518.175

State of Minnesota — District Court

County of [________________________________]

Judicial District: [____]

In Re the Marriage of (or In the Matter of the Custody of):

Petitioner: [________________________________]

Respondent: [________________________________]

Court File No.: [________________________________]

PREAMBLE AND PARTIES

This Sole Custody Agreement ("Agreement") is entered into by:

• Custodial Parent: [________________________________] (☐ Petitioner / ☐ Respondent)
• Address: [________________________________]
• Telephone: [________________________________]

• Email: [________________________________]

• Non-Custodial Parent: [________________________________] (☐ Petitioner / ☐ Respondent)

• Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]

Minor Child(ren):

This Agreement is entered into in connection with:
☐ Dissolution of Marriage (Minn. Stat. Ch. 518)
☐ Legal Separation (Minn. Stat. § 518.06)
☐ Custody Proceeding — Unmarried Parents (Minn. Stat. § 257.541)
☐ Other: [________________________________]

ARTICLE I — CUSTODY BASIS AND JOINT LEGAL CUSTODY REQUEST

1.1 Minnesota's Presumption of Joint Legal Custody

Minn. Stat. § 518.17, subd. 1(b)(9), creates a rebuttable joint-legal-custody presumption when either parent requests joint legal custody. The court decides whether the evidence rebuts any applicable presumption and whether the proposed custody serves the child's best interests.

☐ Neither party requests joint legal custody. ☐ One or both parties request joint legal custody. Identify who and when: [DETAILS].

The parties offer the following facts for the court's consideration (select those supported by evidence):

☐ Domestic Abuse (Minn. Stat. § 518.17, subd. 1(b)(9)): Domestic abuse as defined in Minn. Stat. § 518B.01 has occurred between the parents. Minnesota law creates a rebuttable presumption that joint legal custody or joint physical custody is not in the best interests of the child when domestic abuse has occurred.

• ☐ Order for Protection (OFP) issued — Case No.: [________________________________], Date: [__/__/____]
• ☐ Harassment Restraining Order (HRO) issued — Case No.: [________________________________], Date: [__/__/____]
• ☐ Criminal domestic abuse conviction — Case No.: [________________________________]
• ☐ Other documentation: [________________________________]

☐ Inability to Cooperate (Factor 12 — Minn. Stat. § 518.17, subd. 1(a)(12)): The parents are unable to cooperate in the rearing of the child(ren) due to: [________________________________]

A disagreement about whether custody should be sole or joint does not, by itself, establish an inability to cooperate under this factor.

☐ Parental Fitness Concern (Factor 5 — Minn. Stat. § 518.17, subd. 1(a)(5)): A parent has a physical, mental, or chemical health issue that affects the child's safety or well-being: [________________________________]

A disability alone cannot justify denying or restricting custody or parenting time. A party seeking a parenting-time limit based on disability must prove by clear and convincing evidence that the parent's specific conduct during parenting time would endanger the child. The parent must have an opportunity to show how supportive services address the concern; any court limit requires the written findings specified in Minn. Stat. § 518.17, subd. 2a.

☐ Other Best-Interest Factors: The following factors under Minn. Stat. § 518.17, subd. 1(a) support sole custody: [________________________________]

☐ Agreement of the parents: Both parents voluntarily propose sole custody to the Custodial Parent. Their agreement is offered for the court's review; it does not itself decide the statutory presumption.

ARTICLE II — SOLE LEGAL CUSTODY

2.1 Grant of Sole Legal Custody

Subject to the Court's order, the Custodial Parent shall have sole legal custody of the child(ren), including the right to make decisions concerning the child(ren)'s education, health care, and religious training under Minn. Stat. § 518.003, subd. 3(a):

• Education: School enrollment (public, private, charter, homeschool), special education services (IEP, Section 504), tutoring, educational support, school changes, and post-secondary planning
• Healthcare: Selection of physicians, dentists, and specialists; authorization of medical procedures and treatments; immunizations; medications; orthodontics; elective procedures
• Mental Health: Selection of therapists, counselors, and psychiatrists; authorization of mental health treatment and psychiatric medication
• Religious Training: Religious education, affiliation, and practice

Additional agreed decisions, only as the Court approves and subject to each parent's parenting-time rights and applicable travel law: ☐ Extracurricular enrollment: [TERMS] ☐ Travel planning: [TERMS] ☐ Other: [TERMS].

2.2 Consultation Rights of Non-Custodial Parent

☐ Option A — No Consultation Required: The Custodial Parent has exclusive decision-making authority and is not required to consult with the Non-Custodial Parent, although courtesy notification is encouraged for significant decisions.

☐ Option B — Notification After the Fact: The Custodial Parent shall notify the Non-Custodial Parent within [____] days of making any major decision, providing a summary of the decision and the reasons for it.

☐ Option C — Advisory Consultation: The Custodial Parent shall consult with the Non-Custodial Parent before making major decisions and consider the Non-Custodial Parent's input, but the Custodial Parent retains final decision-making authority.

2.3 Emergency Decisions

When immediate care is needed during a parent's parenting time, that parent may obtain emergency medical care for the child and shall notify the other parent promptly, if safe and practicable. This provision does not change the Court's legal-custody allocation or any protective order.

2.4 Information Access

Subject to the court's specific findings and any protective order, each parent has the record-access and notice rights stated in Minn. Stat. § 518.17, subds. 3 and 3a. These include access to and copies of:

• School records, report cards, and progress reports (directly from the school)
• Medical, dental, and mental health records (directly from providers)
• Extracurricular activity schedules
• School event calendars

The Custodial Parent shall identify the other parent as a school and health-care contact only to the extent consistent with the court's order and the child's safety.

ARTICLE III — SOLE PHYSICAL CUSTODY AND PRIMARY RESIDENCE

3.1 Grant of Sole Physical Custody

The Custodial Parent shall have sole physical custody. The child(ren) shall reside primarily with the Custodial Parent at:

Address: [________________________________]

City/State/ZIP: [________________________________]

County: [________________________________]

School District: [________________________________]

3.2 Household Members

The following persons reside or regularly stay in the Custodial Parent's household:

ARTICLE IV — PARENTING TIME FOR NON-CUSTODIAL PARENT

4.1 25% Minimum Parenting Time Presumption

In the absence of other evidence, Minn. Stat. § 518.175, subd. 1(g), presumes that a child must receive at least 25 percent of parenting time with each parent. The court may count overnights or significant separate-day periods without an overnight.

☐ The parenting time schedule below meets or exceeds the 25% threshold for the Non-Custodial Parent ([____] overnights per year, approximately [____]%).

☐ The 25% presumption is rebutted because: [________________________________]

4.2 Parenting Time Schedule

Select the applicable parenting time arrangement:

☐ Schedule A — Standard Parenting Time

• Alternating Weekends: Every other weekend from Friday at [____]:00 ☐ PM to Sunday at [____]:00 ☐ PM
• Midweek Visit: Every [____]day from [____]:00 ☐ PM to [____]:00 ☐ PM (☐ overnight / ☐ dinner visit only)
• Approximate annual overnights: [____]

☐ Schedule B — Expanded Parenting Time

• Alternating Weekends: Every other weekend from Friday after school to Monday morning school drop-off
• Midweek Overnight: Every [____]day after school to [____]day morning school drop-off
• Approximate annual overnights: [____]

☐ Schedule C — Supervised Parenting Time
(Applicable when safety concerns under Minn. Stat. § 518.175, subd. 1 warrant supervision)

• Frequency: [____] times per ☐ week / ☐ month
• Duration: [____] hours per visit
• Location: ☐ Supervised visitation center: [________________________________] / ☐ In presence of approved supervisor: [________________________________]
• Supervisor qualifications: [________________________________]
• Conditions for supervised visits:
• ☐ Non-Custodial Parent shall not be under the influence of drugs or alcohol
• ☐ Non-Custodial Parent shall comply with all supervisor directives
• ☐ Non-Custodial Parent shall have completed: ☐ substance abuse treatment / ☐ anger management / ☐ parenting classes / ☐ domestic abuse intervention program
• ☐ Other: [________________________________]
• Review of supervision requirement: The parties agree to review the necessity of supervision every [____] months. The Non-Custodial Parent may petition the Court for unsupervised parenting time upon demonstrating: [________________________________]

☐ Schedule D — Therapeutic / Reintegration Parenting Time
(For situations where a parent-child relationship requires gradual rebuilding)

• Phase 1 (Weeks 1-[____]): [________________________________]
• Phase 2 (Weeks [____]-[____]): [________________________________]
• Phase 3 (Weeks [____]+): [________________________________]
• Therapist overseeing reintegration: [________________________________]

☐ Schedule E — Custom Schedule
[________________________________]
[________________________________]
[________________________________]

4.3 Initial Safety Limits or Modification of Parenting Time

☐ This section is not applicable.

☐ This is an initial parenting-time decision. The parties request a safety limit under Minn. Stat. § 518.175, subd. 1(b), based on evidence that parenting time is likely to endanger the child's physical, mental, or emotional health or safety or impair emotional development: [FACTS AND PROPOSED LIMIT].

☐ This modifies an existing parenting-time order. The parties request a restriction under Minn. Stat. § 518.175, subd. 5(c), based on evidence of ☐ likely endangerment or impaired emotional development / ☐ chronic and unreasonable failure to comply with court-ordered parenting time: [PRIOR ORDER, FACTS, AND PROPOSED LIMIT].

4.4 Holiday and Special Day Schedule

Holiday parenting time supersedes the regular schedule.

4.5 Summer Parenting Time

The Non-Custodial Parent shall have [____] weeks of extended summer parenting time (☐ consecutive / ☐ non-consecutive), with at least [____] days' written notice to the Custodial Parent.

Summer vacation time shall not unreasonably interfere with the child(ren)'s established summer activities and programs.

4.6 Vacation and Travel

Non-Custodial Parent's Travel with Child(ren):

• In-state travel during parenting time: ☐ No prior notice required / ☐ [____] days' advance notice
• Out-of-state travel: [____] days' advance written notice with itinerary and contact information required
• International travel: Requires ☐ Custodial Parent's written consent / ☐ Court order

Custodial Parent's Travel with Child(ren):

• In-state travel: No restriction
• Out-of-state travel of fewer than [____] days: [____] days' advance notice
• International travel: [____] days' advance notice with itinerary

ARTICLE V — EXCHANGES AND TRANSPORTATION

5.1 Exchange Location

Primary: [________________________________]

Alternate (school closures, emergencies): [________________________________]

☐ Due to domestic abuse concerns, exchanges shall occur at: ☐ a supervised exchange center / ☐ a public location / ☐ through a third party: [________________________________]

5.2 Exchange Protocol

☐ The Non-Custodial Parent picks up the child(ren) at the start of parenting time and returns the child(ren) at the end.
☐ The Custodial Parent delivers and picks up the child(ren).
☐ Exchanges occur at school/daycare.
☐ Other: [________________________________]

5.3 Transportation Costs

☐ Borne by the Non-Custodial Parent
☐ Shared equally
☐ Other: [________________________________]

5.4 Return of Child(ren)

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent promptly at the conclusion of each parenting time period. An unjustified failure to return the child(ren) may be raised with the Court for relief under the applicable parenting-time and contempt rules.

ARTICLE VI — COMMUNICATION

6.1 Parent-to-Parent Communication

Communication regarding the child(ren) shall occur through: ☐ OurFamilyWizard / ☐ TalkingParents / ☐ Email / ☐ Text / ☐ Other: [________________________________]

☐ Due to domestic abuse or high conflict, all communication shall be in writing and through a monitored platform.

6.2 Parent-Child Communication

The Custodial Parent shall facilitate regular communication between the child(ren) and the Non-Custodial Parent:

• Telephone and/or video calls: ☐ Daily at approximately [____]:00 ☐ PM / ☐ [____] times per week / ☐ As reasonably requested
• Duration: Up to [____] minutes
• The child(ren) shall have access to a phone for private conversations with the Non-Custodial Parent

6.3 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of:

• Any emergency, serious illness, or injury involving the child(ren)
• Hospitalization
• Involvement with law enforcement
• School disciplinary action (suspension or expulsion)

6.4 Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent in the child(ren)'s presence or hearing, nor permit others to do so.

ARTICLE VII — RELOCATION

7.1 Custodial Parent — In-State Relocation

The Custodial Parent may relocate within Minnesota with [____] days' advance written notice to the Non-Custodial Parent. The notice shall include the new address, reason for relocation, and proposed modifications to the parenting time schedule if the move affects the existing schedule.

7.2 Custodial Parent — Out-of-State Relocation (Minn. Stat. § 518.175, subd. 3)

If the other parent has parenting time under the decree, the Custodial Parent shall not move the child(ren)'s residence to another state without:

• (a) The Non-Custodial Parent's written consent; or
• (b) A court order permitting removal under Minn. Stat. § 518.175, subd. 3.

The parent requesting the move ordinarily bears the burden of proof. If the court finds that parent was a victim of domestic abuse by the other parent, the parent opposing the move bears that burden.

7.3 Non-Custodial Parent — Relocation

The Non-Custodial Parent shall provide written notice to the Custodial Parent at least [____] days before relocating. If the relocation makes the existing parenting time schedule impracticable, the parties shall negotiate revised parenting time in good faith or seek court modification.

ARTICLE VIII — DOMESTIC VIOLENCE AND SAFETY PROVISIONS

8.1 Applicability

☐ This Article does not apply. No domestic abuse history.

☐ This Article applies. The following safety measures are in effect:

8.2 Protective Orders

☐ Order for Protection (OFP) — Case No.: [________________________________], Expires: [__/__/____]
☐ Harassment Restraining Order (HRO) — Case No.: [________________________________], Expires: [__/__/____]

8.3 Safety Measures for Parenting Time

☐ Supervised parenting time (see Article IV, Section 4.2, Schedule C)
☐ No overnight parenting time until: [________________________________]
☐ No alcohol or drug use within [____] hours of or during parenting time, with testing: [________________________________]
☐ Completion of domestic abuse intervention program required before unsupervised time: [________________________________]
☐ Non-Custodial Parent shall not possess firearms during parenting time
☐ Exchanges at a supervised exchange center or public location only
☐ GPS tracking or check-in requirements during travel with child(ren): [________________________________]
☐ Other: [________________________________]

8.4 Mandatory GAL Appointment

If the court has reason to believe that the child is a victim of domestic child abuse or neglect, it shall appoint a guardian ad litem under Minn. Stat. § 518.165, subd. 2, subject to that subdivision's juvenile dependency exception. Subdivision 1 permits discretionary appointment in other custody or parenting time proceedings.

☐ A GAL has been appointed: [________________________________]
☐ The parties request appointment of a GAL.

ARTICLE IX — PARENT EDUCATION AND ADR

9.1 Parent Education (Minn. Stat. § 518.157)

In a chapter 518 proceeding where the parents have not agreed to custody or parenting time, the court must order at least eight hours of parent education. In other custody, support, or parenting time proceedings, the court may order a program. Unless the court orders otherwise, participation begins before the initial case management conference and within 30 days after the first filing, or as soon as practicable afterward based on class availability (Minn. Stat. § 518.157, subd. 3(a)-(d)).

☐ Domestic abuse has been alleged; if a program is ordered, joint sessions may not be required and the court must order a safe participation method (Minn. Stat. § 518.157, subd. 3(e)).

Custodial Parent: Program: [________________________________] Status: ☐ Completed / ☐ Enrolled / ☐ Pending

Non-Custodial Parent: Program: [________________________________] Status: ☐ Completed / ☐ Enrolled / ☐ Pending

9.2 Alternative Dispute Resolution

For an ordinary parenting-time dispute, the parties may select a safe process below. No selection delays a request for court relief or overrides a protective or no-contact order.

☐ Parenting Time Expeditor (Minn. Stat. § 518.1751): The parties ask the court to appoint a parenting time expeditor for a dispute under an existing parenting-time order. Expeditor proposed: [________________________________]. The court decides whether to appoint one. A party may not be required to use this process when subdivision 1a's domestic-abuse, physical-abuse, or inability-to-pay exception applies; any court-directed use despite an exception requires the advised-by-counsel agreement and no face-to-face meeting specified there.

☐ Mediation: The parties may jointly seek mediation when safe and appropriate. ☐ A party claims to be a victim of domestic abuse by the other; the court may not require facilitative ADR under Minn. Gen. R. Prac. 310.01(b).

☐ Social Early Neutral Evaluation (SENE): If available and appropriate for this case, the parties agree to participate in SENE for substantive parenting time disputes.

☐ ADR is waived due to domestic abuse or other safety concerns.

9.3 Temporary Court Relief

Either parent may move for a temporary custody or parenting-time order while a qualifying proceeding is pending under Minn. Stat. § 518.131, subd. 1. A restraining order under subdivision 3 may not deny parenting time or grant custody without the court's finding of immediate danger of physical harm to the minor child under subdivision 3(b). The ADR agreement above does not bar a request for court relief. Minn. Gen. R. Prac. 310.01(b) limits court-ordered facilitative ADR when a party claims to be a victim of domestic abuse.

ARTICLE X — ADDITIONAL PROVISIONS

10.1 Substance Use

Neither parent shall use illegal controlled substances at any time. Neither parent shall consume alcohol to excess during parenting time or within twelve (12) hours before parenting time begins.

☐ The Non-Custodial Parent shall submit to ☐ random / ☐ scheduled drug and alcohol testing as follows: [________________________________]

10.2 Firearms Safety

All firearms shall be stored unloaded in a locked gun safe with ammunition stored separately, inaccessible to the child(ren).

10.3 Health Insurance

☐ Custodial Parent / ☐ Non-Custodial Parent shall maintain health, dental, and vision insurance for the child(ren).

Unreimbursed medical expenses shall be divided: ☐ Equally / ☐ Custodial Parent [____]% — Non-Custodial Parent [____]% / ☐ Other: [________________________________]

10.4 Child's Preference (Minn. Stat. § 518.17, subd. 1(a)(3))

☐ The child(ren) is/are of sufficient ability, age, and maturity to express an independent, reliable preference. The child(ren)'s preference has been considered.

☐ The child(ren) is/are not of sufficient ability, age, or maturity at this time.

10.5 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority or with the child(ren)'s primary residence.

10.6 Parental Alienation

Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent or undermine the parent-child relationship.

ARTICLE XI — BEST-INTEREST FACTORS (Minn. Stat. § 518.17, subd. 1(a))

The parties affirm that this sole custody arrangement serves the child(ren)'s best interests:

1. Physical, emotional, cultural, spiritual, and other needs: [________________________________]
2. Special medical, mental health, developmental, or educational needs: [________________________________]
3. Reasonable preference of the child: [________________________________]
4. Domestic abuse history: [________________________________]
5. Parental physical, mental, or chemical health issues: [________________________________]
6. History of parental caregiving: [________________________________]
7. Willingness and ability to provide ongoing care: [________________________________]
8. Effect of proposed changes on home, school, community: [________________________________]
9. Relationships with parents, siblings, significant persons: [________________________________]
10. Benefit of maximizing parenting time: [________________________________]
11. Disposition to support child's relationship with other parent (inapplicable if domestic abuse described in factor 4 has occurred): [________________________________]
12. Willingness and ability to cooperate: [________________________________]

EXECUTION

The undersigned parties stipulate and agree to the foregoing Sole Custody Agreement and respectfully request that the Court approve this Agreement and incorporate it into an Order of the Court.

Custodial Parent:

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________]

Non-Custodial Parent:

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________]

Attorney Approval (if represented)

Attorney for Custodial Parent:

Signature: _______________________________ Date: [__/__/____]

Name: [________________________________] License No.: [________________________________]

Attorney for Non-Custodial Parent:

Signature: _______________________________ Date: [__/__/____]

Name: [________________________________] License No.: [________________________________]

ORDER OF THE COURT

The Court, having reviewed the foregoing Sole Custody Agreement, and having considered the twelve (12) best-interest factors under Minn. Stat. § 518.17, subd. 1(a), the rebuttable presumption regarding joint legal custody under Minn. Stat. § 518.17, subd. 1(b)(9), the parenting time provisions of Minn. Stat. § 518.175, and all applicable provisions of Minnesota law:

FINDS that:

1. ☐ Neither party requested joint legal custody, so the request-based joint-legal-custody presumption does not apply / ☐ One or both parties requested joint legal custody, and the presumption is rebutted by these findings: [SPECIFIC FINDINGS];
2. Sole legal and physical custody to the Custodial Parent is in the best interests of the minor child(ren). The Court makes its own detailed findings on each applicable factor in Minn. Stat. § 518.17, subd. 1(a), based on the evidence, and explains each factor's effect on custody and parenting time in Attachment A, incorporated into this Order;
3. The parenting time schedule is ☐ consistent with / ☐ supported by evidence rebutting the presumption in Minn. Stat. § 518.175, subd. 1(g), with these findings: [SPECIFIC FINDINGS];
4. ☐ Domestic abuse considerations under Minn. Stat. § 518.17, subd. 1(b)(9) have been addressed / ☐ are not applicable;
5. This Agreement is the product of the parties' voluntary, knowing, and informed consent.

IT IS HEREBY ORDERED that the foregoing Sole Custody Agreement is approved and incorporated into this Order of the Court.

Attachment A — Court's factor-by-factor findings under Minn. Stat. § 518.17, subd. 1(b)(1): For each factor below, state the evidence considered, the Court's finding, and how it affects custody and parenting time. Address factor 11's domestic-abuse exception and explain any factor found inapplicable. Attach additional pages if needed.

Notice under Minn. Stat. § 518.68, subd. 2

IMPORTANT NOTICE

1. PAYMENTS TO PUBLIC AGENCY

According to Minnesota Statutes, section 518A.50, payments ordered for maintenance and support must be paid to the public agency responsible for child support enforcement as long as the person entitled to receive the payments is receiving or has applied for public assistance or has applied for support and maintenance collection services. MAIL PAYMENTS TO:

Public agency payment address, if applicable: [______________________________]

2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY

A person may be charged with a felony who conceals a minor child or takes, obtains, retains, or fails to return a minor child from or to the child's parent (or person with custodial or visitation rights), according to Minnesota Statutes, section 609.26. A copy of that section is available from any district court clerk.

3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES

A person who fails to pay court-ordered child support or maintenance may be charged with a crime, which may include misdemeanor, gross misdemeanor, or felony charges, according to Minnesota Statutes, section 609.375. A copy of that section is available from any district court clerk.

4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME

(a) Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making purchases of food, clothing, and the like will not fulfill the obligation.

(b) Payment of support must be made as it becomes due, and failure to secure or denial of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek relief through a proper motion filed with the court.

(c) Nonpayment of support is not grounds to deny parenting time. The party entitled to receive support may apply for support and collection services, file a contempt motion, or obtain a judgment as provided in Minnesota Statutes, section 548.091.

(d) The payment of support or spousal maintenance takes priority over payment of debts and other obligations.

(e) A party who accepts additional obligations of support does so with the full knowledge of the party's prior obligation under this proceeding.

(f) Child support or maintenance is based on annual income, and it is the responsibility of a person with seasonal employment to budget income so that payments are made throughout the year as ordered.

(g) Reasonable parenting time guidelines are contained in Appendix B, which is available from the court administrator.

(h) The nonpayment of support may be enforced through the denial of student grants; interception of state and federal tax refunds; suspension of driver's, recreational, and occupational licenses; referral to the department of revenue or private collection agencies; seizure of assets, including bank accounts and other assets held by financial institutions; reporting to credit bureaus; income withholding and contempt proceedings; and other enforcement methods allowed by law.

(i) The public authority may suspend or resume collection of the amount allocated for child care expenses if the conditions of Minnesota Statutes, section 518A.40, subdivision 4, are met.

(j) The public authority may remove or resume a medical support offset if the conditions of Minnesota Statutes, section 518A.41, subdivision 16, are met.

5. MODIFYING CHILD SUPPORT

If either the obligor or obligee is laid off from employment or receives a pay reduction, child support may be modified, increased, or decreased. Any modification will only take effect when it is ordered by the court, and will only relate back to the time that a motion is filed. Either the obligor or obligee may file a motion to modify child support, and may request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY.

6. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, SUBDIVISION 3

Unless otherwise provided by the Court:

(a) Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, and other important records and information about the minor children. Each party has the right of access to information regarding health or dental insurance available to the minor children. Presentation of a copy of this order to the custodian of a record or other information about the minor children constitutes sufficient authorization for the release of the record or information to the requesting party.

(b) Each party shall keep the other informed as to the name and address of the school of attendance of the minor children. Each party has the right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent teacher conferences. The school is not required to hold a separate conference for each party.

(c) In case of an accident or serious illness of a minor child, each party shall notify the other party of the accident or illness, and the name of the health care provider and the place of treatment.

(d) Each party has the right of reasonable access and telephone contact with the minor children.

7. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE

Child support and/or spousal maintenance may be withheld from income, with or without notice to the person obligated to pay, when the conditions of Minnesota Statutes, section 518A.53 have been met. A copy of those sections is available from any district court clerk.

8. CHANGE OF ADDRESS OR RESIDENCE

Unless otherwise ordered, each party shall notify the other party, the court, and the public authority responsible for collection, if applicable, of the following information within ten days of any change: the residential and mailing address, telephone number, driver's license number, Social Security number, and name, address, and telephone number of the employer.

9. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE

Basic support and/or spousal maintenance may be adjusted every two years based upon a change in the cost of living (using Department of Labor Consumer Price Index .........., unless otherwise specified in this order) when the conditions of Minnesota Statutes, section 518A.75, are met. Cost of living increases are compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary to request or contest a cost of living increase are available from any district court clerk.

10. JUDGMENTS FOR UNPAID SUPPORT

If a person fails to make a child support payment, the payment owed becomes a judgment against the person responsible to make the payment by operation of law on or after the date the payment is due, and the person entitled to receive the payment or the public agency may obtain entry and docketing of the judgment WITHOUT NOTICE to the person responsible to make the payment under Minnesota Statutes, section 548.091.

11. JUDGMENTS FOR UNPAID MAINTENANCE

(a) A judgment for unpaid spousal maintenance may be entered when the conditions of Minnesota Statutes, section 548.091, are met. A copy of that section is available from any district court clerk.

(b) The public authority is not responsible for calculating interest on any judgment for unpaid spousal maintenance. When providing services in IV-D cases, as defined in Minnesota Statutes, section 518A.26, subdivision 10, the public authority will only collect interest on spousal maintenance if spousal maintenance is reduced to a sum certain judgment.

12. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT

A judgment for attorney fees and other collection costs incurred in enforcing a child support order will be entered against the person responsible to pay support when the conditions of Minnesota Statutes, section 518A.735, are met. A copy of Minnesota Statutes, sections 518.14 and 518A.735 and forms necessary to request or contest these attorney fees and collection costs are available from any district court clerk.

13. PARENTING TIME EXPEDITOR PROCESS

On request of either party or on its own motion, the court may appoint a parenting time expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751. A copy of that section and a description of the expeditor process is available from any district court clerk.

14. PARENTING TIME REMEDIES AND PENALTIES

Remedies and penalties for the wrongful denial of parenting time are available under Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of that subdivision and forms for requesting relief are available from any district court clerk.

Statutory notices included in this proposed order

The following notices accompany this custody and parenting-time order under Minn. Stat. §§ 518.17, subds. 3(b), 3a, and 518.175, subd. 6(j)-(k). The court may address any statutory welfare or no-contact exception in its findings and delivery directions.

Custody-order rights notice (Minn. Stat. § 518.17, subd. 3a):

NOTICE EACH PARTY IS GRANTED THE FOLLOWING RIGHTS:

(1) right of access to, and to receive copies of, school, medical, dental, religious training,
police reports, and other important records and information about the minor children;

(2) right of access to information regarding health or dental insurance available to the minor
children;

(3) right to be informed by the other party as to the name and address of the school of
attendance of the minor children;

(4) right to be informed by school officials about the children's welfare, educational
progress and status, and to attend school and parent-teacher conferences. The school is not
required to hold a separate conference for each party, unless attending the same conference
would result in violation of a court order prohibiting contact with a party;

(5) right to be notified by the other party of an accident or serious illness of a minor
child, including the name of the health care provider and the place of treatment;

(6) right to be notified by the other party if the minor child is the victim of an alleged
crime, including the name of the investigating law enforcement officer or agency. There is no
duty to notify if the party to be notified is the alleged perpetrator; and

(7) right to reasonable access and telephone or other electronic contact with the minor
children.

Parenting-time compliance notice (Minn. Stat. § 518.175, subd. 6(k)):

NOTICE REGARDING COMPLIANCE WITH PARENTING TIME ORDER: The parties are expected to fully
comply with the court's order unless the parties mutually agree otherwise in writing as
defined by Minnesota Statutes, section 645.44, subdivision 14. Pursuant to Minnesota Statutes,
section 518.175, subdivision 6, and Minnesota Statutes, section 518.131, subdivision 11, the
parties are hereby notified that:

(1) The court shall award compensatory parenting time to a parent who has been prevented from
exercising parenting time.

(2) Deprivation of parental rights is a FELONY crime pursuant to Minnesota Statutes, section
609.26 .

(3) If the court finds that one parent has repeatedly and intentionally denied or interfered
with another parent's parenting time, then the court shall award attorney fees to the parent
who has been denied parenting time and require the parent who has been denying or interfering
with parenting time to pay the other parent for costs incurred as a result of enforcing the
decision.

(4) If the court finds that one parent has repeatedly and intentionally denied or interfered
with parenting time, then the court may also:

(i) transfer custody of the child to the other parent;

(ii) impose a sanction of up to $500 on the parent who repeatedly and intentionally denied or
interfered with parenting time; or

(iii) award other relief as determined to be in the best interests of the children involved.

Date: [__/__/____]

_______________________________
Judge of District Court
[________________________________] County, Minnesota
[____] Judicial District

SOURCES AND REFERENCES

• Minn. Stat. § 518.17 — Best Interests of the Child (12 Factors)
• Minn. Stat. § 518.17, subd. 1(b)(9) — Presumptions Re: Joint Custody and Domestic Abuse
• Minn. Stat. § 518.175 — Parenting Time
• Minn. Stat. § 518.175, subd. 1(g) — 25% Minimum Parenting Time Presumption
• Minn. Stat. § 518.175, subd. 3 — Relocation / Removal to Another State
• Minn. Stat. § 518.175, subd. 5(c) — Restriction when Modifying Parenting Time
• Minn. Stat. § 518.157 — Parent Education Program
• Minn. Stat. § 518.165 — Guardians Ad Litem
• Minn. Stat. § 518.1751 — Parenting Time Expeditor
• Minn. Stat. § 518B.01 — Domestic Abuse Act
• Minn. Gen. R. Prac. 310 — Alternative Dispute Resolution in Family Cases
• Minn. Stat. § 518.131 — Temporary Orders and Restraining Orders
• Minnesota Courts — Parent Education