A proposal moving through the state Legislature would require courts to change how they decide child custody cases. Historically, Minnesota’s courts have awarded physical custody of a child to one divorced parent, typically the mother. But a bill under consideration would require court to presume that children of divorced parents split their time living between both parents.

Minnesota’s courts have long held a preference against divorced parents sharing physical custody of their children.

In 1945, Justice Leroy Matson said children need stability, and it’s difficult to achieve stability when “a young child is shunted back and forth between homes.” Minnesota’s courts continue to cite Matson’s words in child custody cases today.