Proposed Minnesota Equal Parenting and Equal Parenting Rights Act
Proposed Minnesota Equal Parenting and Equal Parenting Rights Act
The Issue
This is a drafted Proposal subject to change with new information from the community.
Prepared for consideration by the Minnesota Legislature
SECTION 1. SHORT TITLE
This proposed act shall be known as the Minnesota Equal Parenting and Parental Rights Act.
SECTION 2. PURPOSE AND LEGISLATIVE POLICY
The purpose of this act is to establish equal parental rights and responsibilities for both legally established parents, regardless of marital status. The proposed law establishes joint legal and physical custody as the starting point; a 5-2-2-5 schedule within 60 miles; a long-distance schedule; written alternatives; protections against wrongful interference; prompt safety reporting; consequences for intentional fabrication; and continuing court authority to protect children. The child’s safety, stability, and best interests remain paramount.
SECTION 3. AUTOMATIC JOINT LEGAL AND JOINT PHYSICAL CUSTODY
Unmarried parents: Upon valid execution and filing of a Recognition of Parentage (ROP), both legally established parents automatically have joint legal custody, joint physical custody, equal rights and responsibilities, and parenting time under the applicable statutory schedule. No separate custody case is required merely to obtain basic rights. ROPs must be voluntary and valid; disputed parentage must first be legally established.
Married parents: Both legally established parents have equal rights. Upon separation or divorce, joint legal and physical custody remain the statutory starting point, without an automatic award of sole custody to either parent.
Court authority: Either parent may seek modification. The default remains until a valid written agreement or court order changes it, subject to lawful emergency protection.
SECTION 4. HOSPITAL PARENTAL RIGHTS AND RESPONSIBILITIES PACKET
Hospitals and birthing facilities shall provide both parents a standardized packet as soon as reasonably possible following birth, before discharge when feasible. It shall explain ROP legal effects, married and unmarried parents’ equal rights, joint custody, 5-2-2-5 and long-distance schedules, written alternatives, infant feeding, holidays and school breaks, support, relocation, safety reporting, emergency protection, intentional false allegations, and court modification. Both parents shall have an opportunity to receive the packet.
SECTION 5. STANDARD 50/50 PARENTING AND 60-MILE REQUIREMENT
When both parents reside within 60 miles, joint legal custody, joint physical custody, and substantially equal parenting time under the 5-2-2-5 schedule shall be the enforceable statutory default without an individual custody order. Parents may voluntarily sign a written alternative specifying days, times, exchanges and responsibilities, consistent with protective orders. The Legislature shall establish a process to record and enforce agreements. Either parent may seek court modification based on safety, health, education, development and best interests.
SECTION 6. DEFAULT 5-2-2-5 SCHEDULE BEFORE SCHOOL BEGINS
Father: Monday 8:00 a.m. to Wednesday 8:00 a.m. Mother: Wednesday 8:00 a.m. to Friday 8:00 a.m. Weekends alternate. On Mother’s weekend, Mother has Wednesday 8:00 a.m. through Monday 8:00 a.m. On Father’s weekend, Father has Friday 8:00 a.m. through Wednesday 8:00 a.m. The two-week cycle repeats. Both parents provide ordinary care during their periods, unless a valid agreement or court order provides otherwise.
SECTION 7. DEFAULT SCHOOL-YEAR 5-2-2-5 SCHEDULE
Father receives the child Sunday at 5:00 p.m. through Wednesday morning school drop-off. Mother receives the child Wednesday after school and has the child through Friday. On Mother’s weekend, she receives the child Friday after school through Sunday 5:00 p.m. On Father’s weekend, he receives the child Friday after school and keeps the child through Wednesday morning school drop-off. Use school for exchanges when possible; otherwise use an agreed location.
SECTION 8. SUMMER PARENTING FOR PARENTS WITHIN 60 MILES
Parents alternate full weeks during summer, with default exchanges Friday at 6:00 p.m. to the next Friday at 6:00 p.m. They may agree in writing to different exchange days or times. The summer schedule operates between the end and start of the school-year schedule, subject to holiday priority.
SECTION 9. PARENTS RESIDING MORE THAN 60 MILES APART
When parents live more than 60 miles apart and 5-2-2-5 is impractical, the following applies unless the parents agree in writing or a court orders otherwise.
School year: Mother has the child’s primary school-year residence. Father has THREE WEEKENDS EACH MONTH, starting Friday immediately after school dismissal with school pickup and ending Monday morning with school drop-off. If Friday is a non-school day, Father’s designated weekend begins Thursday immediately after school dismissal and continues through Monday school drop-off. Parents may agree in writing to alternate exchanges.
Summer: Alternating full weeks; parents may agree in writing to Friday-to-Friday, Saturday-to-Saturday, or another exchange arrangement.
School breaks: Father has MEA break, spring break and other designated school breaks, subject to the holiday schedule.
Holidays: Mother in even-numbered years and Father in odd-numbered years, subject to Section 13.
Written alternatives and court review: Parents may sign another schedule; either may request court review of the child’s education, transport, safety, relationships and best interests. The default remains unless validly changed, subject to emergency protections.
SECTION 10. RELOCATION RESTRICTIONS
A parent exercising equal parenting may not move the child’s primary residence beyond the 60-mile limit in a manner substantially interfering with the schedule without the other parent’s valid written agreement or court approval. Courts consider employment, housing, school, transportation, family relationships, intent to interfere, domestic violence, safety and best interests. Proven relocation primarily intended to defeat equal parenting may support reduced parenting time if in the child’s best interests; relocation alone does not automatically terminate custody.
SECTION 11. BREASTFEEDING AND FIRST-YEAR INFANT PARENTING
If a qualified treating healthcare professional documents that an infant cannot reasonably be fed expressed milk or an appropriate alternative and requires direct breastfeeding, a temporary infant-feeding schedule may apply. The infant may remain primarily with Mother while medically necessary. Father receives approximately two hours daily between feedings, reasonably coordinated with the infant’s needs, and may take the child to an appropriate location rather than being limited to Mother’s home when medically safe. Time gradually increases. If pumping becomes feasible or appropriate alternative feeding begins, the 5-2-2-5 schedule applies subject to medical and developmental needs. It presumptively begins by the first birthday within 60 miles, subject to court-authorized exceptions.
SECTION 12. STEP-UP PARENTING PLANS
Step-up plans shall not be imposed merely because a parent is unmarried, the father, or lacks a previous custody order. They may be considered for a parent never involved, substantially absent, needing gradual reunification, or where the child’s health, development or safety requires transition. Plans shall state duration, review and progression criteria.
SECTION 13. HOLIDAY PARENTING TIME
Holidays generally alternate annually: Mother in even-numbered years and Father in odd-numbered years. The statute shall set clear start/end times. Parents may agree otherwise in writing. Holidays take priority over ordinary time. When a holiday displaces a scheduled parenting weekend, reasonable make-up time shall occur the weekend immediately before or after, unless a written alternative is agreed, avoiding conflicting holiday entitlements.
SECTION 14. CHILD-RELATED TAX CLAIMS
Father shall be allocated eligible child-related tax claims in odd-numbered tax years; Mother in even-numbered years. Parents shall execute documents required to implement this allocation, to the extent allowed by federal tax law. Courts may order a different allocation when appropriate.
SECTION 15. CHILD SUPPORT IN EQUAL-PARENTING ARRANGEMENTS
The proposal calls for no basic child-support transfer when parents actually exercise genuine 50/50 time. Each parent provides ordinary necessities during their periods. Where a parent elects not to exercise equal time or a court orders unequal time, support may be determined under applicable guidelines. Medical expenses, childcare, special needs, public assistance, federal requirements and children’s financial needs require separate legislative
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The Issue
This is a drafted Proposal subject to change with new information from the community.
Prepared for consideration by the Minnesota Legislature
SECTION 1. SHORT TITLE
This proposed act shall be known as the Minnesota Equal Parenting and Parental Rights Act.
SECTION 2. PURPOSE AND LEGISLATIVE POLICY
The purpose of this act is to establish equal parental rights and responsibilities for both legally established parents, regardless of marital status. The proposed law establishes joint legal and physical custody as the starting point; a 5-2-2-5 schedule within 60 miles; a long-distance schedule; written alternatives; protections against wrongful interference; prompt safety reporting; consequences for intentional fabrication; and continuing court authority to protect children. The child’s safety, stability, and best interests remain paramount.
SECTION 3. AUTOMATIC JOINT LEGAL AND JOINT PHYSICAL CUSTODY
Unmarried parents: Upon valid execution and filing of a Recognition of Parentage (ROP), both legally established parents automatically have joint legal custody, joint physical custody, equal rights and responsibilities, and parenting time under the applicable statutory schedule. No separate custody case is required merely to obtain basic rights. ROPs must be voluntary and valid; disputed parentage must first be legally established.
Married parents: Both legally established parents have equal rights. Upon separation or divorce, joint legal and physical custody remain the statutory starting point, without an automatic award of sole custody to either parent.
Court authority: Either parent may seek modification. The default remains until a valid written agreement or court order changes it, subject to lawful emergency protection.
SECTION 4. HOSPITAL PARENTAL RIGHTS AND RESPONSIBILITIES PACKET
Hospitals and birthing facilities shall provide both parents a standardized packet as soon as reasonably possible following birth, before discharge when feasible. It shall explain ROP legal effects, married and unmarried parents’ equal rights, joint custody, 5-2-2-5 and long-distance schedules, written alternatives, infant feeding, holidays and school breaks, support, relocation, safety reporting, emergency protection, intentional false allegations, and court modification. Both parents shall have an opportunity to receive the packet.
SECTION 5. STANDARD 50/50 PARENTING AND 60-MILE REQUIREMENT
When both parents reside within 60 miles, joint legal custody, joint physical custody, and substantially equal parenting time under the 5-2-2-5 schedule shall be the enforceable statutory default without an individual custody order. Parents may voluntarily sign a written alternative specifying days, times, exchanges and responsibilities, consistent with protective orders. The Legislature shall establish a process to record and enforce agreements. Either parent may seek court modification based on safety, health, education, development and best interests.
SECTION 6. DEFAULT 5-2-2-5 SCHEDULE BEFORE SCHOOL BEGINS
Father: Monday 8:00 a.m. to Wednesday 8:00 a.m. Mother: Wednesday 8:00 a.m. to Friday 8:00 a.m. Weekends alternate. On Mother’s weekend, Mother has Wednesday 8:00 a.m. through Monday 8:00 a.m. On Father’s weekend, Father has Friday 8:00 a.m. through Wednesday 8:00 a.m. The two-week cycle repeats. Both parents provide ordinary care during their periods, unless a valid agreement or court order provides otherwise.
SECTION 7. DEFAULT SCHOOL-YEAR 5-2-2-5 SCHEDULE
Father receives the child Sunday at 5:00 p.m. through Wednesday morning school drop-off. Mother receives the child Wednesday after school and has the child through Friday. On Mother’s weekend, she receives the child Friday after school through Sunday 5:00 p.m. On Father’s weekend, he receives the child Friday after school and keeps the child through Wednesday morning school drop-off. Use school for exchanges when possible; otherwise use an agreed location.
SECTION 8. SUMMER PARENTING FOR PARENTS WITHIN 60 MILES
Parents alternate full weeks during summer, with default exchanges Friday at 6:00 p.m. to the next Friday at 6:00 p.m. They may agree in writing to different exchange days or times. The summer schedule operates between the end and start of the school-year schedule, subject to holiday priority.
SECTION 9. PARENTS RESIDING MORE THAN 60 MILES APART
When parents live more than 60 miles apart and 5-2-2-5 is impractical, the following applies unless the parents agree in writing or a court orders otherwise.
School year: Mother has the child’s primary school-year residence. Father has THREE WEEKENDS EACH MONTH, starting Friday immediately after school dismissal with school pickup and ending Monday morning with school drop-off. If Friday is a non-school day, Father’s designated weekend begins Thursday immediately after school dismissal and continues through Monday school drop-off. Parents may agree in writing to alternate exchanges.
Summer: Alternating full weeks; parents may agree in writing to Friday-to-Friday, Saturday-to-Saturday, or another exchange arrangement.
School breaks: Father has MEA break, spring break and other designated school breaks, subject to the holiday schedule.
Holidays: Mother in even-numbered years and Father in odd-numbered years, subject to Section 13.
Written alternatives and court review: Parents may sign another schedule; either may request court review of the child’s education, transport, safety, relationships and best interests. The default remains unless validly changed, subject to emergency protections.
SECTION 10. RELOCATION RESTRICTIONS
A parent exercising equal parenting may not move the child’s primary residence beyond the 60-mile limit in a manner substantially interfering with the schedule without the other parent’s valid written agreement or court approval. Courts consider employment, housing, school, transportation, family relationships, intent to interfere, domestic violence, safety and best interests. Proven relocation primarily intended to defeat equal parenting may support reduced parenting time if in the child’s best interests; relocation alone does not automatically terminate custody.
SECTION 11. BREASTFEEDING AND FIRST-YEAR INFANT PARENTING
If a qualified treating healthcare professional documents that an infant cannot reasonably be fed expressed milk or an appropriate alternative and requires direct breastfeeding, a temporary infant-feeding schedule may apply. The infant may remain primarily with Mother while medically necessary. Father receives approximately two hours daily between feedings, reasonably coordinated with the infant’s needs, and may take the child to an appropriate location rather than being limited to Mother’s home when medically safe. Time gradually increases. If pumping becomes feasible or appropriate alternative feeding begins, the 5-2-2-5 schedule applies subject to medical and developmental needs. It presumptively begins by the first birthday within 60 miles, subject to court-authorized exceptions.
SECTION 12. STEP-UP PARENTING PLANS
Step-up plans shall not be imposed merely because a parent is unmarried, the father, or lacks a previous custody order. They may be considered for a parent never involved, substantially absent, needing gradual reunification, or where the child’s health, development or safety requires transition. Plans shall state duration, review and progression criteria.
SECTION 13. HOLIDAY PARENTING TIME
Holidays generally alternate annually: Mother in even-numbered years and Father in odd-numbered years. The statute shall set clear start/end times. Parents may agree otherwise in writing. Holidays take priority over ordinary time. When a holiday displaces a scheduled parenting weekend, reasonable make-up time shall occur the weekend immediately before or after, unless a written alternative is agreed, avoiding conflicting holiday entitlements.
SECTION 14. CHILD-RELATED TAX CLAIMS
Father shall be allocated eligible child-related tax claims in odd-numbered tax years; Mother in even-numbered years. Parents shall execute documents required to implement this allocation, to the extent allowed by federal tax law. Courts may order a different allocation when appropriate.
SECTION 15. CHILD SUPPORT IN EQUAL-PARENTING ARRANGEMENTS
The proposal calls for no basic child-support transfer when parents actually exercise genuine 50/50 time. Each parent provides ordinary necessities during their periods. Where a parent elects not to exercise equal time or a court orders unequal time, support may be determined under applicable guidelines. Medical expenses, childcare, special needs, public assistance, federal requirements and children’s financial needs require separate legislative
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Petition created on October 24, 2026