1998 Minnesota Code
Chapters 245 - 267 Public Welfare and Related Activities
Chapter 257A Children; Custody, Designated Caregiver
Section 257A.03 Powers and duties of designated caregiver.

257A.03 Powers and duties of designated caregiver.

Subdivision 1. General. A designated caregiver has all the powers regarding the care, custody, and financial interests of a minor child specified in the designated caregiver agreement, except as otherwise provided in this section. A designated caregiver does not have the power to consent to marriage or adoption of the child.

Subd. 2. Notice to noncustodial parent; rights. (a) As soon as practicable after assuming care of a child, the designated caregiver shall notify any noncustodial parent that the designated caregiver has assumed care of the child.

(b) Court-ordered visitation rights of a noncustodial parent continue while the child is in the care of the designated caregiver, unless otherwise modified by the court. A designated caregiver agreement does not affect the right of a parent without physical custody to bring a custody motion under chapter 518. If a parent with legal custody is not the designated caregiver, the parent may bring a motion for temporary physical custody, which may continue until the parent with physical custody is able to resume care of the child. The court shall award that parent temporary physical custody unless it finds it would not be in the best interests of the child.

Subd. 3. Child support. A preexisting child support order is not suspended or terminated during the time a child is cared for by a designated caregiver, unless otherwise provided by court order. A designated caregiver has a cause of action for child support against an absent parent under section 256.87, subdivision 5.

HIST: 1996 c 455 art 6 s 6; 1997 c 65 s 4,5