SF4343 proposed a significant shift in how Minnesota courts would start every custody case. Filed in 2026, the bill would have moved the rebuttable presumption of minimum parenting time from 25% to 50% per parent under Minnesota Statute 518.175. It was referred to the Senate Judiciary and Public Safety Committee in March 2026 and died there in May without being enacted. For now, Minnesota Statute § 518.175 retains the existing 25% minimum parenting time presumption.
We’ve been fielding questions about this bill from Minneapolis families since it was introduced, and the same questions keep coming up. What follows is a plain-language explanation of what SF4343 proposed, why it didn’t become law, and what the current framework means for families navigating custody disputes in Hennepin County.
What the Bill Would Have Changed
SF4343 proposed two connected amendments. The first would have raised the floor presumption for parenting time from 25% to 50% per parent under Minn. Stat. § 518.175. The second would have amended Minn. Stat. § 518.17 to establish a rebuttable presumption that joint physical custody, not just joint legal custody, is in the child’s best interests when either parent requests it. Together, these changes would have required courts to start from the position that both parents share physical custody equally, rather than treating one parent as the presumed primary residential parent.
The bill also proposed clarifying how parenting time percentages are measured. Overnights wouldn’t have been the only unit of count. Significant daytime periods on separate days could also have been used to reach the threshold. That flexibility would have helped families design schedules around employment, school, and the needs of younger children who may not be ready for long overnight stretches away from one parent. A similar measurement approach already exists under the current 25% presumption in Minn. Stat. § 518.175.
What the Current Law Requires
Under existing law, the minimum parenting time presumption remains 25% per parent. A rebuttable presumption is the court’s starting point, not its required conclusion. It tells the judge where to begin in the absence of evidence pointing another direction. Either parent can introduce evidence to overcome it, and Minnesota courts are required to evaluate all 12 best interest factors under Minn. Stat. § 518.17 and issue written findings regardless of whether the presumption was rebutted. A parent’s caregiving history, the child’s existing relationships and routines, geographic distance between households, and the child’s developmental stage are all factors courts weigh. The presumption shifts where courts begin; it doesn’t determine where they end.
One provision deserves particular attention. The domestic abuse provision in Minn. Stat. § 518.17 is explicit: if domestic abuse has occurred between the parents, the court presumes that joint legal or joint physical custody is not in the child’s best interests. Parents who have experienced abuse, or who have a protective order in place, should discuss how this provision interacts with their specific facts before making any assumptions about how the current standard applies to them.
What the Failed Bill Means for Parents Now
Because SF4343 didn’t pass, there’s no automatic change to how courts approach parenting time in new or existing cases. Parents with a current order giving them significantly less than 50% time can’t point to SF4343 to expect that to change. Any modification still requires filing a motion under Minn. Stat. § 518.18 and demonstrating a substantial change in circumstances and that the proposed change serves the child’s best interests.
For cases filed in Hennepin County Family Court, the existing framework continues to apply. Judges will begin the parenting time analysis at the 25% minimum presumption and adjust based on the evidence each parent presents against the 12 statutory best interest factors. If you’re currently in litigation, ask your attorney how the current standard applies to your specific case timeline.
Planning a Parenting Schedule Under the Current Standard
For families designing a schedule from scratch, three structures commonly produce a 50/50 division: week-on/week-off, 2-2-3, and 2-2-5-5. Each has different exchange frequencies and suits different combinations of child age and co-parenting dynamics. Week-on/week-off minimizes transitions but requires children to go seven consecutive days without seeing one parent. The 2-2-3 and 2-2-5-5 rotations involve more frequent exchanges and tend to work better for younger children or parents who live close to each other.
Families filing contested custody cases in Hennepin County should know that the process involves more than a court hearing. Parents who don’t agree on custody or parenting time must attend a parent education program certified by the 4th District Court. Cases may also be referred to a Social Early Neutral Evaluation (SENE), a focused session combining mediation and evaluation that Hennepin County administers to help families resolve custody disputes before a hearing is scheduled.
Whatever schedule a family reaches, a detailed parenting plan is essential. A plan that addresses holiday rotation, school break coverage, exchange logistics, and communication protocols reduces the likelihood of returning to court after the order is entered. The more specific the plan, the less room there is for disagreement about what it requires.
The Right Strategy Depends on Your Situation
Even without a new law in place, there’s real opportunity for parents locked into arrangements that no longer reflect their family’s circumstances or the evidence available. There’s also real risk for parents who mistake the existing 25% floor for a ceiling, or who file or respond to a modification motion without understanding how courts will actually apply the standard to their facts. A child’s history, each parent’s involvement, any history of domestic concerns, the child’s current school and community ties, and a dozen other factors all shape where a court lands relative to that starting presumption.
That case-by-case analysis is exactly what we do at Mack & Santana Law Offices, P.C.. If you have questions about your custody situation, we’re available to talk through the specifics at (612) 712-3890.