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 …