The Study Group identified potential problems and benefits of a joint physical custody presumption. Some of the potential benefits include: Encouraging children’s ongoing relationships with both parents; limitation of court discretion; enhanced predictability; potential decrease in litigation; might enhance children’s relationships with extended family members; might enhance parents’ rights; and possibility of increased efficiency and decreased costs. Some of the Study Groups concerns regarding such a presumption include: Limitation of courts’ ability to consider the needs of individual children; detriment to children continuously exposed to high levels of parental conflict; possibility of heightening conflict between parents who are unable to effectively co-parent; creation of financial and procedural challenges for low income and unrepresented parents who would carry the burden of proof if they object to joint physical custody; and impracticality for some families such as those with parents living far apart, whose children are very young, and/or parents who are not married and have never had an ongoing relationship with each other.

A lack of Minnesota data made it difficult for the Study Group to assess issues and generate helpful responses and, according to the Study Group, a joint physical custody presumption may not be an appropriate solution for current custody problems.