Minnesota SF 4343: Water pollution repeat violations increased financial penalties

Bill Text

1.1 A bill for an act​
1.2 relating to family law; modifying custody and parenting time presumptions;​
1.3 amending Minnesota Statutes 2024, sections 518.17, subdivision 1; 518.175,​
1.4 subdivision 1.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. Minnesota Statutes 2024, section 518.17, subdivision 1, is amended to read:​
1.7 Subdivision 1.Best interests of the child.(a) In evaluating the best interests of the child​
1.8 for purposes of determining issues of custody and parenting time, the court must consider​
1.9 and evaluate all relevant factors, including:​
1.10 (1) a child's physical, emotional, cultural, spiritual, and other needs, and the effect of​
1.11 the proposed arrangements on the child's needs and development;​
1.12 (2) any special medical, mental health, developmental disability, or educational needs​
1.13 that the child may have that may require special parenting arrangements or access to​
1.14 recommended services;​
1.15 (3) the reasonable preference of the child, if the court deems the child to be of sufficient​
1.16 ability, age, and maturity to express an independent, reliable preference;​
1.17 (4) whether domestic abuse, as defined in section 518B.01, has occurred in the parents'​
1.18 or either parent's household or relationship; the nature and context of the domestic abuse;​
1.19 and the implications of the domestic abuse for parenting and for the child's safety, well-being,​
1.20 and developmental needs;​
1.21 (5) any physical, mental, or chemical health issue of a parent that affects the child's​
1.22 safety or developmental needs;​
1​Section 1.​
26-05826 as introduced​01/02/26 REVISOR TW/AD​
SENATE​
STATE OF MINNESOTA​
S.F. No. 4343​NINETY-FOURTH SESSION​
(SENATE AUTHORS: LUCERO, Holmstrom and Gruenhagen)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​6591​03/11/2026​
Referred to Judiciary and Public Safety​

2.1 (6) the history and nature of each parent's participation in providing care for the child;​
2.2 (7) the willingness and ability of each parent to provide ongoing care for the child; to​
2.3 meet the child's ongoing developmental, emotional, spiritual, and cultural needs; and to​
2.4 maintain consistency and follow through with parenting time;​
2.5 (8) the effect on the child's well-being and development of changes to home, school,​
2.6 and community;​
2.7 (9) the effect of the proposed arrangements on the ongoing relationships between the​
2.8 child and each parent, siblings, and other significant persons in the child's life;​
2.9 (10) the benefit to the child in maximizing parenting time with both parents and the​
2.10 detriment to the child in limiting parenting time with either parent;​
2.11 (11) except in cases in which domestic abuse as described in clause (4) has occurred,​
2.12 the disposition of each parent to support the child's relationship with the other parent and​
2.13 to encourage and permit frequent and continuing contact between the child and the other​
2.14 parent; and​
2.15 (12) the willingness and ability of parents to cooperate in the rearing of their child; to​
2.16 maximize sharing information and minimize exposure of the child to parental conflict; and​
2.17 to utilize methods for resolving disputes regarding any major decision concerning the life​
2.18 of the child.​
2.19 (b) Clauses (1) to (9) (8) govern the application of the best interests of the child factors​
2.20 by the court:​
2.21 (1) The court must make detailed findings on each of the factors in paragraph (a) based​
2.22 on the evidence presented and explain how each factor led to its conclusions and to the​
2.23 determination of custody and parenting time. The court may not use one factor to the​
2.24 exclusion of all others, and the court shall consider that the factors may be interrelated.​
2.25 (2) The court shall consider that it is in the best interests of the child to promote the​
2.26 child's healthy growth and development through safe, stable, nurturing relationships between​
2.27 a child and both parents. In determining custody, the court must consider the best interests​
2.28 of the child and must not prefer one parent over the other solely on the basis of the gender​
2.29 of the parent.​
2.30 (3) The court shall consider both parents as having the capacity to develop and sustain​
2.31 nurturing relationships with their children unless there are substantial reasons to believe​
2.32 otherwise. In assessing whether parents are capable of sustaining nurturing relationships​
2.33 with their children, the court shall recognize that there are many ways that parents can​
2​Section 1.​
26-05826 as introduced​01/02/26 REVISOR TW/AD​

3.1 respond to a child's needs with sensitivity and provide the child love and guidance, and​
3.2 these may differ between parents and among cultures.​
3.3 (4) The court shall not consider conduct of a party that does not affect the party's​
3.4 relationship with the child.​
3.5 (5) Disability alone, as defined