SF2979

Purpose of the Bill

The bill aims to amend the definition of "custodian" in the context of orders of protection related to domestic abuse in Minnesota. This change is part of efforts to enhance public safety by ensuring clarity in legal definitions.

Main Provisions

• Redefinition of Custodian: The bill revises the legal definition of who is considered a custodian for purposes of issuing orders of protection. It specifically outlines the responsibilities and conditions under which a person qualifies as a custodian.
• Clarifying Legal Obligations: Under the new definition, a custodian includes any individual who is legally obligated to provide care and support for a minor child of the petitioner or who is actively providing such care and support. It excludes individuals whose parental rights have been terminated.
• Custodial Rights and Parenting Time: Also included in the definition are those who have physical or legal custody based on a court order, with the consent of a custodial parent, or through court-ordered parenting time.

Significant Changes to Existing Law

• Expansion of Custodian Definition: The bill broadens the understanding of who can be a custodian, adding nuances to include those under court orders or with parental consent, but explicitly excludes those whose parental rights have been terminated. Previously, the definition might have been less specific or inclusive of these conditions.

Relevant Terms

• Public safety
• Custodian
• Orders of protection
• Domestic abuse
• Legal custody
• Court-ordered parenting time