Chapter 518D — Proceedings Governed by Other Law

Minnesota Statutes Chapter 518D — Proceedings Governed by Other Law

518D.101 Short Title This law is called the Uniform Child Custody Jurisdiction and Enforcement Act. It sets the rules for which state has the … 518D.102 Definitions Defines key terms used in the child custody jurisdiction law, including what counts as a child custody determination, … 518D.103 Proceedings Governed by Other Law This custody jurisdiction law does not apply to adoption cases or cases about emergency medical care for a child. Those … 518D.104 Application to Indian Tribes Cases involving Indian children are governed by the federal Indian Child Welfare Act, not this chapter. However, … 518D.105 International Application Minnesota courts treat foreign countries like other U.S. states when deciding custody jurisdiction. Custody orders from … 518D.106 Effect of Child Custody Determination A custody order made by a Minnesota court with proper jurisdiction is binding on everyone who was served with notice, … 518D.107 Priority If there is a question about whether a court has jurisdiction in a custody case, a party can ask the court to hear that … 518D.108 Notice to Persons Outside State People outside Minnesota must be given notice of a custody case in a way that is likely to actually reach them. The … 518D.109 Appearance and Limited Immunity A person who comes to Minnesota only to participate in a custody case cannot be forced into other lawsuits just because … 518D.110 Communication Between Courts Minnesota courts can talk to courts in other states about custody cases. The parties should be allowed to take part in … 518D.111 Taking Testimony in Another State Witnesses in another state can testify by phone, video, or deposition in a Minnesota custody case. Documents sent … 518D.112 Cooperation Between Courts; Preservation of Records Minnesota courts can ask courts in other states to hold hearings, gather evidence, order evaluations, or require parties … 518D.201 Initial Child Custody Jurisdiction A Minnesota court can make an initial custody decision if Minnesota is the child's home state, meaning the child lived … 518D.202 Exclusive, Continuing Jurisdiction Once a Minnesota court makes a custody order, it keeps exclusive control over that case until the child and all parents … 518D.203 Jurisdiction to Modify Determination Minnesota cannot change a custody order made by another state unless Minnesota now has home-state jurisdiction and the … 518D.204 Temporary Emergency Jurisdiction A Minnesota court can make a temporary emergency custody order if a child is in Minnesota and has been abandoned, is … 518D.205 Notice; Opportunity to Be Heard; Joinder Before making a custody decision, the court must give notice and a chance to be heard to all parents whose rights have … 518D.206 Simultaneous Proceedings If a custody case is already going on in another state that has proper jurisdiction, a Minnesota court generally cannot … 518D.207 Inconvenient Forum A Minnesota court can decide it is not the best place to hear a custody case and send it to another state. The court … 518D.208 Jurisdiction Declined by Reason of Conduct If someone tries to get jurisdiction in Minnesota through wrongful conduct, like taking a child from another state … 518D.209 Information to Be Submitted to Court At the start of a custody case, each party must provide the court with the child's address and living history for the … 518D.210 Appearance of Parties and Child The court can order any party in Minnesota to appear in person, with or without the child. For parties outside … 518D.301 Definitions Defines terms used in the enforcement sections of this law. A petitioner is the person seeking to enforce a custody … 518D.302 Enforcement Under Hague Convention Minnesota courts can enforce orders to return a child made under the Hague Convention on International Child Abduction, … 518D.303 Duty to Enforce Minnesota courts must recognize and enforce custody orders from other states if the other state had proper jurisdiction. … 518D.304 Temporary Visitation Even if Minnesota cannot modify another state's custody order, it can issue a temporary order to enforce visitation … 518D.305 Registration of Child Custody Determination You can register another state's custody order in Minnesota by sending copies to the district court. The other party has … 518D.306 Enforcement of Registered Determination Once a custody order from another state is registered in Minnesota, the court can enforce it using any remedy available … 518D.307 Simultaneous Proceedings If Minnesota is enforcing a custody order while another state is trying to modify it, the two courts must communicate … 518D.308 Expedited Enforcement of Child Custody Determination Enforcement petitions must include verified copies of the custody order and specific information about the case. The … 518D.309 Service of Petition and Order The enforcement petition and court order must be served on the respondent and anyone who has physical custody of the … 518D.310 Hearing and Order At the hearing, the court will order immediate physical custody to the petitioner unless the respondent proves the … 518D.311 Warrant to Take Physical Custody of Child If a child is likely to be seriously harmed or taken out of state, the court can issue a warrant for law enforcement to … 518D.312 Costs, Fees, and Expenses The winning party in an enforcement case is entitled to have the other side pay their costs, including attorney's fees, … 518D.313 Recognition and Enforcement Minnesota courts must give full faith and credit to enforcement orders from other states that are consistent with this … 518D.314 Appeals A final enforcement order can be appealed following the regular appellate rules. However, the enforcement order usually … 518D.315 Role of Prosecutor A prosecutor or public official can take legal action to locate a child, get a child returned, or enforce a custody … 518D.316 Role of Law Enforcement When asked by a prosecutor, law enforcement officers can take any lawful action needed to find a child or a party and … 518D.317 Costs and Expenses If a prosecutor or law enforcement helps enforce a custody order, the costs and fees for those services can be charged …