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Minnesota House of Representatives

State Representative Susan Allen

577 State Office BuildingState Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-7152

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Posted: 2012-04-20 00:00:00
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E-Update

EXTREME CHILD CUSTODY BILL PASSED BY HOUSE

Dear Friends:

I wanted to make you aware of an extreme child custody bill that passed the Minnesota House of Representatives this week. The bill, House File 322, is called the Children’s Equal and Shared Parenting Act. It is a misleading title and a radical bill.

There are major problems with the legislation because it changes the current “best interest of the child" standard and replaces it with a presumption of joint legal and physical custody with equal parenting time. It is troubling because, in essence, the current standard would change from best interest in the child to best interest of the parent.

There are other big problems. It is a one-size-fits-all solution that treats a newborn baby the same way it treats a teenager. We know how different and unique families are yet this bill treats them all the same. Further, it would have a chilling effect on women in domestic abuse situations. In order to overcome a joint custody presumption, a mother in a domestic abuse situation would have to prove abuse under the heightened "clear and convincing evidence" standard contained in the bill. The bill states: "Making a false allegation of abuse is sufficient grounds to challenge the custody and parenting time of the accuser."

Battered women would fear losing their children if they bring a claim of domestic abuse and are unable to meet the clear and convincing evidence standard. Custody arrangements should be in the best interest of every child, especially if domestic violence is involved.

I would like to encourage you to contact Governor Dayton’s office and ask him to please veto House File 322, the Children’s Equal and Shared Parenting Act, should it reach his desk.




How to contact Governor Dayton:



Office of the Governor
130 State Capitol
75 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155

Phone: 651-201-3400

http://mn.gov/governor/contact-us/form/

Please tell Governor Dayton that House File 322 hurts Minnesota families and children and that the current “best interest of the child” standard for child custody is better and safer.

Thank you for the honor of serving you. Please feel free to contact me regarding this issue or any other at: 651-296-7152 or rep.susan.allen@house.mn.

Sincerely,

Susan Allen

State Representative

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