reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.60 — Parties.

257.60 PARTIES.
The child may be made a party to the action. If the child is a minor and is made a party, a general guardian or a guardian ad litem shall be appointed by the court to represent the child. The child's mother or father may not represent the child as guardian or otherwise. The biological mother, each man presumed to be the father under section 257.55, and each man alleged to be the biological father, shall be made parties or, if not subject to the jurisdiction of the court, shall be given notice of the action in a manner prescribed by the court and shall be given an opportunity to be heard. The public agency responsible for support enforcement is joined as a party in each case in which rights are assigned under section 256.741, and in each case in which the public agency is providing services pursuant to an application for child support services. A person who may bring an action under section 257.57 may be made a party to the action. The court may align the parties. The child shall be made a party whenever:
(1) the child is a minor and the case involves a compromise under section 257.64, subdivision 1, or a lump-sum payment under section 257.66, subdivision 4, in which case the commissioner of human services shall also be made a party subject to Department of Human Services rules relating to paternity suit settlements; or
(2) the child is a minor and the action is to declare the nonexistence of the father and child relationship; or
(3) an action to declare the existence of the father and child relationship is brought by a man presumed to be the father under section 257.55, or a man who alleges to be the father, and the mother of the child denies the existence of the father and child relationship.
History:
1980 c 589 s 10; 1983 c 308 s 7; 1984 c 654 art 5 s 58; 1987 c 403 art 3 s 47; 1994 c 529 s 18; 1995 c 257 art 4 s 6; 1999 c 159 s 109
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.61 — Pretrial Proceedings.

257.61 PRETRIAL PROCEEDINGS.
As soon as practicable, after an action to declare the existence or nonexistence of the father and child relationship has been brought, a pretrial hearing shall be held in accordance with the Rules of Civil Procedure. The public shall be barred from the hearing. A record of the proceeding or any portion thereof shall be kept if any party requests, or the court so orders.
History:
1980 c 589 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.63 — Evidence Relating To Paternity.

257.63 EVIDENCE RELATING TO PATERNITY.
Subdivision 1.
Included evidence.
Evidence relating to paternity may include:
(1) evidence of sexual intercourse between the mother and alleged father at any possible time of conception;
(2) an expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy;
(3) genetic and blood test results, weighed in accordance with evidence, if available, of the statistical probability of the alleged father's paternity;
(4) medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon request of a party shall, require the child, the mother, and the man to submit to appropriate tests; and
(5) all other evidence relevant to the issue of paternity of the child.
Subd. 2.
Compelled testimony.
Upon refusal of a witness, including a party, to testify under oath or produce evidence, the court may order the party to testify under oath and produce evidence concerning all relevant facts. No testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case, except for perjury committed in the testimony. The refusal of a witness, who has been granted immunity, to obey an order to testify or produce evidence is subject to the sanctions within the jurisdiction of the court.
Subd. 3.
Medical privilege.
Testimony of a physician, an advanced practice registered nurse, or a physician assistant concerning the medical circumstances of the pregnancy itself and the condition and characteristics of the child upon birth is not privileged.
History:
1980 c 589 s 13; 1986 c 444; 1987 c 403 art 3 s 49; 2020 c 115 art 4 s 135; 2022 c 58 s 160
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.64 — Pretrial Orders And Recommendations.

257.64 PRETRIAL ORDERS AND RECOMMENDATIONS.
Subdivision 1.
Permissible orders and recommendations.
On the basis of the information produced at the pretrial hearing, including information as to the financial status of the parties, the court may:
(a) recommend that the alleged father voluntarily acknowledge his paternity of the child if the parties have agreed on a financial settlement; or
(b) recommend that the matter be compromised by an agreement among the alleged father, the mother, and the child, in which the father and child relationship is not determined but in which a defined economic obligation is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the court. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the court shall consider the best interest of the child, in the light of the applicable factors enumerated in section 518.17, subdivision 3, discounted by the improbability, as it appears to the court, of establishing the alleged father's paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged father's identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on him. The child, on reaching 21 years of age or older, may petition the court to disclose the alleged father's identity. The court shall grant the petition if after considering the interests of all known persons involved, the court determines that disclosure of the information would be of greater benefit than nondisclosure.
Subd. 2.
Agreement with recommendations.
If the parties accept a recommendation made in accordance with subdivision 1, judgment shall be entered accordingly. The court shall advise all parties that pretrial recommendations are not binding and will have no effect if the recommendation is disregarded and the matter is set for trial.
Subd. 3.
Refusal to agree with recommendations.
If a party refuses to accept a recommendation made under subdivision 1 and blood or genetic tests have not been taken, the court shall require the parties to submit to blood or genetic tests. If a party refuses to accept the final recommendation the action shall be set for trial.
Subd. 4.
Guardian ad litem.
The guardian ad litem may accept or refuse to accept a recommendation under this section.
Subd. 5.
Setting action for trial.
The informal hearing may be terminated and the action set for trial if the court finds it unlikely that all parties would accept a recommendation made under subdivision 1 or 3.
History:
1980 c 589 s 14; 1Sp1981 c 4 art 2 s 26; 1983 c 308 s 10; 1986 c 444; 1995 c 207 art 10 s 12; 1998 c 382 art 1 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.65 — Civil Action.

257.65 CIVIL ACTION.
An action under sections 257.51 to 257.74 is a civil action governed by the Rules of Civil Procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Sections 257.62 and 257.63 apply to proceedings under this section.
History:
1980 c 589 s 15
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.651 — Default Order Of Parentage.

257.651 DEFAULT ORDER OF PARENTAGE.
In an action to determine the existence of the father and child relationship under sections 257.51 to 257.74, if the alleged father fails to appear at a hearing after service duly made and proved, the court shall enter a default judgment or order of paternity.
History:
1995 c 257 art 4 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.67 — Enforcement Of Judgment Or Order.

257.67 ENFORCEMENT OF JUDGMENT OR ORDER.
Subdivision 1.
Who may enforce; determinations from other states.
If existence of the parent and child relationship is declared, or parentage or a duty of support has been acknowledged or adjudicated under sections 257.51 to 257.74 or under prior law, the obligation of the noncustodial parent may be enforced in the same or other proceedings by the custodial parent, the child, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other person, including a private agency, to the extent that person has furnished or is furnishing these expenses. Full faith and credit shall be given to a determination of paternity made by another state, whether established through voluntary acknowledgment or through administrative or judicial processes.
Subd. 2.
Payees.
The court may order support payments to be made to the custodial parent, the court administrator, or a person, corporation, or agency designated to administer them for the benefit of the child under the supervision of the court.
Subd. 3.
Contempt of court.
Willful failure to obey the judgment or order of the court is a contempt of the court. All remedies for the enforcement of judgments apply including those available under chapters 518 and 518C.
History:
1980 c 589 s 17; 1985 c 248 s 41; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 384 art 2 s 1; 1993 c 340 s 16; 1994 c 465 art 1 s 32; 1995 c 257 art 4 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.68 — Modification Of Judgment Or Order.

257.68 MODIFICATION OF JUDGMENT OR ORDER.
A court entering a judgment or order for the payment of a lump sum under section 257.66, subdivision 4, may specify that the judgment or order may not be modified or revoked.
History:
1980 c 589 s 18
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.69 — Right To Counsel; Costs; Free Transcript On Appeal.

257.69 RIGHT TO COUNSEL; COSTS; FREE TRANSCRIPT ON APPEAL.
Subdivision 1.
Representation by counsel.
In all proceedings under sections 257.51 to 257.74, any party may be represented by counsel. The county attorney shall represent the public authority. In proceedings under sections 257.51 to 257.74, the court shall appoint counsel for a party who would be financially unable to obtain counsel under the guidelines set forth in section 611.17. The representation of appointed counsel is limited in scope to the issue of establishment of parentage.
Subd. 2.
Guardian ad litem; legal fees.
(a) The court may order expert witness and guardian ad litem fees and other costs of the trial and pretrial proceedings, including appropriate tests, to be paid by the parties in proportions and at times determined by the court. The court shall require a party to pay part of the fees of court-appointed counsel according to the party's ability to pay, but if counsel has been appointed the appropriate agency shall pay the party's proportion of all other fees and costs. The agency responsible for child support enforcement shall pay the fees and costs for blood or genetic tests in a proceeding in which it is a party, is the real party in interest, or is acting on behalf of the child. However, at the close of a proceeding in which paternity has been established under sections 257.51 to 257.74, the court shall order the adjudicated father to reimburse the public agency, if the court finds he has sufficient resources to pay the costs of the blood or genetic tests. When a party bringing an action is represented by the county attorney, no filing fee shall be paid to the court administrator.
(b) In each fiscal year, the commissioner of management and budget shall deposit guardian ad litem reimbursements in the special revenue fund and credit them to a separate account with the State Guardian Ad Litem Board. The balance of this account is appropriated to the State Guardian Ad Litem Board and does not cancel but is available until expended. Revenue from this account must be spent in the judicial district in which the reimbursement is collected.
Subd. 3.
Inability to pay for transcript.
If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal.
History:
1980 c 589 s 19; 1983 c 308 s 13; 1Sp1986 c 3 art 1 s 82; 1995 c 207 art 10 s 13,14; 1999 c 216 art 7 s 21; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109; 2010 c 309 s 1; 1Sp2010 c 1 art 14 s 9; 2012 c 212 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.70 — Hearings And Records; Confidentiality.

257.70 HEARINGS AND RECORDS; CONFIDENTIALITY.
(a) Notwithstanding any other law concerning public hearings and records, any hearing or trial held under sections 257.51 to 257.74 shall be held in closed court without admittance of any person other than those necessary to the action or proceeding. All papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the state Department of Human Services or elsewhere, are subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown.
(b) In all actions under this chapter in which public assistance is assigned under section 256.741 or the public authority provides services to a party or parties to the action, the public authority shall not release private data on the location of a party to the action or the joint child if:
(1) the public authority has knowledge that one party is currently subject to a protective order with respect to the other party or the joint child, and the protected party or guardian of the joint child has not authorized disclosure; or
(2) the public authority has reason to believe that the release of the information may result in physical or emotional harm to a party or the joint child.
History:
1980 c 589 s 20; 1984 c 654 art 5 s 58; 1997 c 203 art 6 s 25; 1Sp2020 c 2 art 5 s 65
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.71 — Action To Declare Mother And Child Relationship.

257.71 ACTION TO DECLARE MOTHER AND CHILD RELATIONSHIP.
A child, the father or personal representative of the child, the public authority chargeable by law with the support of the child, the personal representative or a parent of the father if the father has died, a woman alleged or alleging herself to be the mother, or the personal representative or a parent of the alleged mother if the alleged mother has died or is a minor may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of sections 257.51 to 257.74 applicable to the father and child relationship apply.
History:
1980 c 589 s 21
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.72 — Promise To Render Support.

257.72 PROMISE TO RENDER SUPPORT.
Subdivision 1.
No consideration required.
A person's signed promise to furnish support for a child, growing out of a supposed or alleged parent and child relationship, does not require consideration and is enforceable according to its terms, subject to section 257.57, subdivision 4.
Subd. 2.
Confidentiality.
In the best interest of the child or the custodial parent, the court may, and if a provision of the writing so requires shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise.
History:
1980 c 589 s 22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.73 — Birth Records.

257.73 BIRTH RECORDS.
Subdivision 1.
Replacement birth record.
Upon compliance with the provisions of section 257.55, subdivision 1, paragraph (e), 257.75, or upon order of a court of this state or upon request of a court of another state, the state registrar of vital records shall prepare a replacement record of birth consistent with the acknowledgment or the findings of the court and shall substitute the replacement certificate for the original record of birth.
Subd. 2.
Information contained.
The fact that the father and child relationship was declared after the child's birth shall not be ascertainable from the replacement certificate but the actual place and date of birth shall be shown.
Subd. 3.
Confidentiality.
The evidence upon which the replacement record was made and the original birth record shall be kept in a sealed and confidential file and be subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown.
History:
1980 c 589 s 23; 1Sp1993 c 1 art 6 s 38; 1997 c 205 s 31; 1Sp2001 c 9 art 15 s 32; 2014 c 275 art 1 s 85; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257 — Children; Custody, Legitimacy › Section 257.74 — Adoption; Termination Proceedings.

257.74 ADOPTION; TERMINATION PROCEEDINGS.
Subdivision 1.
Notification of father.
If a mother relinquishes or proposes to relinquish for adoption a child who has:
(1) a presumed father under section 257.55, subdivision 1;
(2) a father whose relationship to the child has been determined by a court or established under section 257.75; or
(3) a father as to whom the child is a legitimate child under prior law of this state or under the law of another jurisdiction,
the father shall be given notice of the adoption proceeding as provided in section 259.49.
Subd. 2.
No father.
If a mother relinquishes or proposes to relinquish for adoption a child who does not have:
(1) a presumed father under section 257.55, subdivision 1;
(2) a father whose relationship to the child has been determined by a court; or
(3) a father as to whom the child is a legitimate child under prior law of this state or under the law of another jurisdiction,
notice of the adoption proceeding shall be given as required by section 259.49.
History:
1980 c 589 s 24; 1Sp1993 c 1 art 6 s 39; 1994 c 631 s 31; 1999 c 86 art 1 s 61
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257B — Standby Custodian; Designation; Guardian › Section 257B.02 — Application Of Other Law; Construction.

257B.02 APPLICATION OF OTHER LAW; CONSTRUCTION.
Chapters 257 and 518 and sections 524.5-101 to 524.5-502 apply to standby custodians, temporary custodians, co-custodians, custodians, and alternates unless otherwise specified in this chapter.
Nothing in this chapter may be construed to deprive a parent of any parental rights or responsibilities. A designator does not lose any custodial rights by the appointment of a standby or temporary custodian.
Nothing in this chapter may be construed to relieve any parent of a duty to support the parent's children. A preexisting child support order is not suspended or terminated during the time a child is cared for by a standby or temporary custodian, unless otherwise provided by court order. A standby custodian or temporary custodian has a cause of action for child support against an absent parent under section 256.87, subdivision 5.
History:
2000 c 404 s 3; 2004 c 146 art 3 s 27
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257B — Standby Custodian; Designation; Guardian › Section 257B.03 — Designator.

257B.03 DESIGNATOR.
(a) A parent with legal and physical custody or a legal custodian may designate a standby or temporary custodian by means of a written designation unless the child has another legal parent:
(1) whose parental rights have not been terminated;
(2) whose whereabouts are known; and
(3) who is willing and able to make and carry out the daily custodial care and make decisions concerning the child.
(b) Notwithstanding paragraph (a), a parent or legal custodian may designate a standby or temporary custodian with the consent of the other parent, or as provided by section 257B.05, subdivision 6.
(c) A legal custodian pursuant to a designation of temporary custodianship may not designate a different temporary custodian.
History:
2000 c 404 s 4
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257B — Standby Custodian; Designation; Guardian › Section 257B.07 — Revocation.

257B.07 REVOCATION.
Subdivision 1.
Prepetition.
Prior to a petition being filed under this chapter, the designator may revoke the appointment of a standby or temporary custodian by destruction of the designation and notification of the revocation to the standby or temporary custodian.
Subd. 2.
Postpetition.
After a petition has been filed, the designator may revoke the designation of standby or temporary custodian by:
(1) executing a written revocation;
(2) filing the revocation with the court; and
(3) notifying the persons named in the designation of the revocation in writing.
Subd. 3.
Unwritten revocation.
An unwritten revocation of the designation may be considered by the court if it can be proven by clear and convincing evidence.
History:
2000 c 404 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257B — Standby Custodian; Designation; Guardian › Section 257B.08 — Conflicting Documents.

257B.08 CONFLICTING DOCUMENTS.
If a parent has appointed a testamentary guardian of children by will under chapter 529 and there is a conflict between the designation in the will and a duly executed standby custodian designation, the document latest in date of execution prevails.
History:
2000 c 404 s 9; 2005 c 10 art 4 s 14
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257B — Standby Custodian; Designation; Guardian › Section 257B.09 — Bond.

257B.09 BOND.
A standby or temporary custodian must not be required to post bond prior to the occurrence of the triggering event. The court may require a bond if the standby or temporary custodian is designated the co-custodian or custodian of the estate of the children but may not require a bond for the co-custodianship of the person of the children.
History:
2000 c 404 s 10
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257B — Standby Custodian; Designation; Guardian › Section 257B.10 — Transition.

257B.10 TRANSITION.
If a designated caregiver agreement entered under chapter 257A before April 15, 2000, would have become operative but for the operation of Laws 2000, chapter 404, sections 1 to 13, the parent who executed the agreement, or if the parent is unable to act, the designated caregiver under the agreement may file a petition under section 257B.05 to request that the designated caregiver agreement be approved by the court as a standby custodian.
History:
2000 c 404 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257C — De Facto Custodian And Interested Third Party › Section 257C.01 — Definitions.

257C.01 DEFINITIONS.
Subdivision 1.
Scope.
The definitions in this section apply to this chapter.
Subd. 2.
De facto custodian.
(a) "De facto custodian" means an individual who has been the primary caretaker for a child who has, within the 24 months immediately preceding the filing of the petition, resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of:
(1) six months or more, which need not be consecutive, if the child is under three years of age; or
(2) one year or more, which need not be consecutive, if the child is three years of age or older.
(b) For purposes of the definition in this subdivision, any period of time after a legal proceeding has been commenced and filed must not be included in determining whether the child has resided with the individual for the required minimum period.
(c) For purposes of the definition in this subdivision, "lack of demonstrated consistent participation" by a parent means refusal or neglect to comply with the duties imposed upon the parent by the parent-child relationship, including, but not limited to, providing the child necessary food, clothing, shelter, health care, education, creating a nurturing and consistent relationship, and other care and control necessary for the child's physical, mental, or emotional health and development.
(d) "De facto custodian" does not include an individual who has a child placed in the individual's care:
(1) through a custody consent decree under section 257C.07;
(2) through a court order or voluntary placement agreement under chapter 260C; or
(3) for adoption under chapter 259.
(e) A standby custody designation under chapter 257B is not a designation of de facto custody unless that intent is indicated within the standby custody designation.
Subd. 3.
Interested third party.
(a) "Interested third party" means an individual who is not a de facto custodian but who can prove that at least one of the factors in section 257C.03, subdivision 7, paragraph (a), is met.
(b) "Interested third party" does not include an individual who has a child placed in the individual's care:
(1) through a custody consent decree under section 257C.07;
(2) through a court order or voluntary placement under chapter 260C; or
(3) for adoption under chapter 259.
History:
2002 c 304 s 1,13; 2003 c 7 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257C — De Facto Custodian And Interested Third Party › Section 257C.02 — Application Of Other Law; Construction.

257C.02 APPLICATION OF OTHER LAW; CONSTRUCTION.
(a) Chapters 256, 257, and 518 and sections 524.5-201 to 524.5-317 apply to third-party and de facto custody proceedings unless otherwise specified in this chapter. De facto or third-party child custody proceedings concerning an Indian child are child custody proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and by this chapter when not inconsistent with the Indian Child Welfare Act or the Minnesota Indian Family Preservation Act.
(b) Nothing in this chapter relieves a parent of a duty to support the parent's child. A preexisting child support order is not suspended or terminated when a third party takes custody of a child unless otherwise provided by court order. A de facto or third-party custodian has a cause of action against a parent for child support under section 256.87, subdivision 5, and the public authority has a cause of action against a parent for child support under section 256.87, subdivision 1.
(c) Nothing in this chapter prohibits the establishment of parentage under chapter 257.
History:
2002 c 304 s 2; 2004 c 146 art 3 s 30
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257C — De Facto Custodian And Interested Third Party › Section 257C.05 — De Facto And Third-party Custody Orders.

257C.05 DE FACTO AND THIRD-PARTY CUSTODY ORDERS.
Subdivision 1.
Custody order.
In a child custody proceeding under this chapter, the court must make any additional order it considers just and proper concerning:
(1) the legal custody of a minor child, whether sole or joint;
(2) the child's physical custody and residence;
(3) the quality and duration of parenting time and whether it is supervised or unsupervised;
(4) child support as determined under chapter 518A; and
(5) other matters reasonably affecting the best interests of the child.
Subd. 2.
Attachments to custody order.
All de facto and interested third-party custody orders must include Form 3: Appendix A under the Appendix of Forms in the Family Court Procedure in General Rules of Practice. The court may also notify the parties of the availability and uses of mediation.
History:
2002 c 304 s 5; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257C — De Facto Custodian And Interested Third Party › Section 257C.06 — Modification.

257C.06 MODIFICATION.
The procedures in section 518.18 for modification of a custody order also govern modification of an order under this chapter.
History:
2002 c 304 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257C — De Facto Custodian And Interested Third Party › Section 257C.07 — Custody Consent Decree.

257C.07 CUSTODY CONSENT DECREE.
In a proceeding under this chapter, a parent may transfer legal and physical custody of a child by a consent decree entered under this section. The court may approve a proposed consent decree if the custody arrangement is in the best interests of the child and all parties to the decree agree to it after being fully informed of its contents. A consent decree under this section must:
(1) transfer legal and physical custody of the child to a third party and state that this includes the ability to determine the child's residence; make decisions regarding the child's education, religious training, and health care; and obtain information and public services on behalf of the child in the same manner as a parent;
(2) indicate whether the transfer of custody is temporary or permanent; and
(3) include an order for child support in the guidelines amount and an allocation of child care costs as provided by section 518A.40, subject to income withholding under section 518A.53 and including an order for medical support under section 518A.41.
A party to a consent decree under this section may file a motion to modify or terminate the consent decree at any time. Section 518.18, paragraphs (d) and (e), apply to all modifications. A party who has custody of a child under this section must seek modification of the consent decree before transferring physical or legal custody of the child to anyone.
History:
1997 c 112 s 2; 1997 c 203 art 6 s 92; 2002 c 304 s 13; 2003 c 7 s 2; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2006 c 280 s 46
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.01 — Definitions.

257D.01 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of this chapter, the terms defined in this section have the meanings given.
Subd. 2.
Abandonment.
"Abandonment" means the parent's failure to maintain contact with an at-risk juvenile on a regular basis or to demonstrate consistent interest in an at-risk juvenile's well-being beginning at least six months prior to the at-risk juvenile reaching the age of 18, or the death of an at-risk juvenile's parent.
Subd. 3.
Abuse.
"Abuse" means, at any time in an at-risk juvenile's life, the infliction or threat of:
(1) psychological or emotional harm;
(2) physical injury that was not due to an accident; or
(3) sexual abuse, which includes sex trafficking as defined in section 609.321, subdivision 7a.
Subd. 4.
At-risk juvenile.
"At-risk juvenile" means an unmarried person who is between the ages of 18 and 21 and is potentially eligible for classification under United States Code, title 8, section 1101(a)(27)(J), as amended through December 31, 2021.
Subd. 5.
Best interests.
"Best interests" has the meaning given in section 260C.511, paragraph (a).
Subd. 6.
Guardian.
"Guardian" means an adult who has been appointed by the court as the guardian of an at-risk juvenile under this chapter. A guardian includes but is not limited to a parent.
Subd. 7.
Mental injury.
"Mental injury" has the meaning given in section 260E.03, subdivision 13.
Subd. 8.
Neglect.
"Neglect" means, at any time prior to an at-risk juvenile reaching the age of 18, the failure to give an at-risk juvenile proper care that causes the juvenile's health or welfare to be harmed or placed at substantial risk of harm or causes mental injury or a substantial risk of mental injury.
Subd. 9.
Petitioner.
"Petitioner" means the at-risk juvenile who is the subject of the petition.
History:
2022 c 45 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.02 — Guardianship; Purpose.

257D.02 GUARDIANSHIP; PURPOSE.
The purpose of the guardianship under this chapter is to provide an at-risk juvenile with guidance, assistance, financial and emotional support, and referrals to resources necessary to either or both:
(1) meet the at-risk juvenile's needs, which include but are not limited to shelter, nutrition, and access to and receipt of psychiatric, psychological, medical, dental, educational, occupational, or other services; or
(2) protect the at-risk juvenile from sex or labor trafficking or domestic or sexual violence.
History:
2022 c 45 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.03 — Jurisdiction; Petition.

257D.03 JURISDICTION; PETITION.
Subdivision 1.
Jurisdiction.
The juvenile court has exclusive jurisdiction over all petitions for guardianship brought under this chapter.
Subd. 2.
Petition.
An at-risk juvenile may petition the juvenile court for the appointment of a guardian. The petition must state the name of the proposed guardian and allege that:
(1) the appointment of a guardian is in the best interests of the at-risk juvenile;
(2) the proposed guardian is capable and reputable;
(3) both the petitioner and the proposed guardian agree to the appointment of a guardianship under this chapter;
(4) reunification of the at-risk juvenile with one or both parents is not viable because of abandonment, abuse, neglect, or a similar basis that has an effect on the at-risk juvenile comparable to abandonment, abuse, or neglect under Minnesota law; and
(5) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile's or at-risk juvenile's parent's previous country of nationality or last habitual residence.
History:
2022 c 45 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.04 — Right To Counsel.

257D.04 RIGHT TO COUNSEL.
The at-risk juvenile petitioning for a guardianship and the proposed guardian named in the petition each have the right to be represented by counsel of the at-risk juvenile's or guardian's choosing and at the at-risk juvenile's or guardian's own expense.
History:
2022 c 45 s 4
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.05 — Service.

257D.05 SERVICE.
The proposed guardian and, if an appointment of a new guardian is sought, the existing guardian for the at-risk juvenile previously appointed under this chapter are entitled to service in the manner specified in the Minnesota Rules of Juvenile Protection Procedure.
History:
2022 c 45 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.06 — Notice To Parents.

257D.06 NOTICE TO PARENTS.
The petitioner must provide a copy of the petition to any living parent in any manner and format reasonably calculated to give the parent adequate notice at least 14 days prior to the hearing under section 257D.07. Prior to or at the hearing, the petitioner must file proof that the copy of the petition was provided to any living parents of the petitioner. The court may waive notice to a parent:
(1) if the identity or location of the petitioner's parent is unknown; or
(2) for any other reason that the court may deem appropriate.
History:
2022 c 45 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.07 — Proceeding.

257D.07 PROCEEDING.
Subdivision 1.
Timing; venue.
The court shall hear and issue an order on any petition as soon as administratively feasible and prior to the at-risk juvenile reaching 21 years of age. Venue must be in the county where the at-risk juvenile or the proposed guardian resides.
Subd. 2.
Rights of at-risk juvenile.
Nothing in this section authorizes the guardian to abrogate any rights or privileges to which the at-risk juvenile is entitled under law.
History:
2022 c 45 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.08 — Order.

257D.08 ORDER.
Subdivision 1.
Issuance.
The court must issue an order awarding a guardianship for the purposes identified in section 257D.02 if the court finds that:
(1) the proposed guardian is capable and reputable;
(2) the guardianship is in the best interests of the at-risk juvenile;
(3) both the petitioner and the proposed guardian agree to the establishment of a guardianship under this chapter;
(4) reunification of the at-risk juvenile with one or both parents is not viable because of abandonment, abuse, neglect, or a similar basis that has an effect on the at-risk juvenile comparable to abandonment, abuse, or neglect under Minnesota law; and
(5) it is not in the best interests of the at-risk juvenile to be returned to the previous country of nationality or last habitual residence of the juvenile or the juvenile's parent or parents.
Subd. 2.
Contents of the order.
(a) The order must, where the identity is known, specifically identify the parent or parents whom the court finds have abused, abandoned, or neglected the at-risk juvenile.
(b) The order must contain the following three judicial determinations, each supported by relevant state statutory citations and written findings of fact:
(1) the at-risk juvenile is dependent on the juvenile court, and has been placed under the custody of an individual appointed by the juvenile court, through the appointment of a guardian, for the purposes of this chapter;
(2) reunification of the at-risk juvenile with one or both parents is not viable because of abandonment, abuse, or neglect or a similar basis that has an effect on the at-risk juvenile comparable to abandonment, abuse, or neglect under Minnesota law; and
(3) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile's or at-risk juvenile's parent's country of nationality or last habitual residence.
History:
2022 c 45 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.09 — Appointment Of A New Guardian.

257D.09 APPOINTMENT OF A NEW GUARDIAN.
At any time after the approval of a guardian under section 257D.08, an at-risk juvenile or the currently appointed at-risk juvenile's guardian may petition the juvenile court for appointment of a new guardian. The petition must state the name of the proposed new guardian and set forth the facts supporting the request. The court may appoint a new guardian if the court finds that:
(1) the proposed new guardian is capable and reputable;
(2) the appointment of a new guardian is in the best interests of the at-risk juvenile; and
(3) both the at-risk juvenile and the proposed new guardian agree to the establishment of the guardianship.
History:
2022 c 45 s 9
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.10 — Automatic Termination Of Guardianship.

257D.10 AUTOMATIC TERMINATION OF GUARDIANSHIP.
A guardianship awarded under this chapter terminates when the at-risk juvenile attains the age of 21. The juvenile court's jurisdiction continues until termination of the guardianship.
History:
2022 c 45 s 10
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.11 — Voluntary Termination Of Guardianship.

257D.11 VOLUNTARY TERMINATION OF GUARDIANSHIP.
The at-risk juvenile may request the termination of the guardianship at any time and, upon request, the juvenile court shall terminate the guardianship.
History:
2022 c 45 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 257D — Guardianship Of At-risk Juveniles › Section 257D.12 — Relation To Other Guardianship Law.

257D.12 RELATION TO OTHER GUARDIANSHIP LAW.
The provisions of sections 260C.325, 260C.328, and 524.5-101 to 524.5-317 do not apply to petitions for the appointment of a guardianship for an at-risk juvenile under this chapter.
History:
2022 c 45 s 12
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.10 — General Requirements.

259.10 GENERAL REQUIREMENTS.
Subdivision 1.
Procedure.
A person who shall have resided in this state for six months may apply to the district court in the county where the person resides to change the person's name, the names of minor children, if any, and the name of a spouse, if the spouse joins in the application, in the manner herein specified. The person shall state in the application the name and age of the spouse and each of the children, if any, and shall describe all lands in the state in or upon which the person, the children and the spouse if their names are also to be changed by the application, claim any interest or lien, and shall appear personally before the court and prove identity by at least two witnesses. If the person be a minor, the application shall be made by the person's guardian or next of kin. The court shall accept the certificate of dissolution prepared pursuant to section 518.148 as conclusive evidence of the facts recited in the certificate and may not require the person to provide the court a copy of the judgment and decree of dissolution. Every person who, with intent to defraud, shall make a false statement in any such application shall be guilty of a misdemeanor provided, however, that no minor child's name may be changed without both parents having notice of the pending of the application for change of name, whenever practicable, as determined by the court.
Subd. 2.
Witness and victim protection name changes; private data.
If the court determines that the name change for an individual is made in connection with the individual's participation in a witness and victim protection program, the court shall order that the court records of the name change are not accessible to the public; except that they may be released, upon request, to a law enforcement agency, probation officer, or corrections agent conducting a lawful investigation. The existence of an application for a name change described in this subdivision may not be disclosed except to a law enforcement agency conducting a lawful investigation.
History:
(8633) RL s 3620; 1917 c 222 s 1; 1943 c 28 s 1; 1943 c 292 s 1; 1951 c 535 s 1; 1975 c 52 s 1; 1986 c 317 s 1; 1986 c 444; 1991 c 161 s 1; 1995 c 259 art 1 s 39
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.11 — Order; Filing Copies.

259.11 ORDER; FILING COPIES.
(a) Upon meeting the requirements of section 259.10, the court shall grant the application unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits granting the name change; or (3) in the case of the change of a minor child's name, the court finds that such name change is not in the best interests of the child. The court shall set forth in the order the name and age of the applicant's spouse and each child of the applicant, if any, and shall state a description of the lands, if any, in which the applicant and the spouse and children, if any, claim to have an interest. The court administrator shall file such order, and record the same in the judgment book. If lands be described therein, a certified copy of the order shall be filed for record, by the applicant, with the county recorder of each county wherein any of the same are situated. Before doing so the court administrator shall present the same to the county auditor who shall enter the change of name in the auditor's official records and note upon the instrument, over an official signature, the words "change of name recorded." Any such order shall not be filed, nor any certified copy thereof be issued, until the applicant shall have paid to the county recorder and court administrator the fee required by law. No application shall be denied on the basis of the marital status of the applicant.
(b) When a person applies for a name change, the court shall determine whether the person has a criminal history in this or any other state. The court may conduct a search of national records through the Federal Bureau of Investigation by submitting a set of fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is determined that the person has a criminal history in this or any other state, the court shall, within ten days after the name change application is granted, report the name change to the Bureau of Criminal Apprehension. The person whose name is changed shall also report the change to the Bureau of Criminal Apprehension within ten days. The court granting the name change application must explain this reporting duty in its order. Any person required to report the person's name change to the Bureau of Criminal Apprehension who fails to report the name change as required under this paragraph is guilty of a gross misdemeanor.
(c) Paragraph (b) does not apply to:
(1) a request for a name change as part of an application for a marriage license under section 517.08;
(2) a request for a name change in conjunction with a marriage dissolution under section 518.27; or
(3) a request for a name change filed under section 259.14.
History:
(8634) RL s 3621; 1917 c 222 s 1; 1941 c 178; 1943 c 28 s 2; 1959 c 250 s 2; 1975 c 52 s 2; 1976 c 181 s 2; 1986 c 317 s 2; 1986 c 444; 1992 c 464 art 1 s 56; 1992 c 571 art 15 s 2; 2000 c 311 art 3 s 1; 2005 c 136 art 8 s 6; 2023 c 52 art 19 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.115 — Criminal Penalties.

259.115 CRIMINAL PENALTIES.
A person who has a felony conviction under Minnesota law or the law of another state or federal jurisdiction and who does any of the following is guilty of a gross misdemeanor:
(1) upon marriage, uses a different surname from that used before marriage without complying with section 259.13;
(2) upon marriage dissolution or legal separation, uses a different surname from that used during marriage without complying with section 259.13; or
(3) with the intent to defraud or mislead, or to cause injury to or harass another, uses a different name without complying with section 259.13.
History:
2000 c 311 art 3 s 2