Traditionally in Minnesota and across the county, when a couple with children divorced, the mother was expected to assume primary physical custody. Former societal expectations of gender roles dictated that because the mother was viewed as the more natural caregiver it only made sense that she would be awarded child custody after a divorce. This practiced was reinforced by the employment disparity between the sexes.

But for modern courts in Minnesota, the determination of child custody is based on a number of factors that have been encoded into our statutes. But in practice the vast majority of child custody arrangements are the result of an agreement between the mother and father rather than a dispute that is resolved by a family law judge. But now there is a proposal in the Minnesota legislature to create presumption of joint physical custody except in cases of abuse or neglect. Neither parent would be allowed to have any more than 55 percent of the parenting time.

The concern among many is that this proposal seeks to serve the wishes of the parents, rather than to serve the best interest of the children. There is also a feeling that decisions related to child custody are best left to the discretion of the family law courts who are able to consider the facts and circumstances of each individual case, while still maintaining a consistent approach using the best interest factors in the Minnesota statutes.

Many supporters of the measure feel that the current system is outdated and does not acknowledge that fathers can be caretakers to their children as well.

Source: Minnesota Lawyer, "2012 Session: Child custody fight headed to St. Paul," Patrick Thornton, Jan. 20, 2012