Court of Appeals Reverses Decision that Grandparents are Interested Third-Parties and Entitled to Custody.

Student Name: Patty Hanson Link for opinion: http://scholar.google.com/scholar_case?case=16973292343385424352&q=Child+Custody&hl=en&as_sdt=4,24&as_ylo=2013 Title: Court of Appeals Reverses Decision that Grandparents are Interested Third-Parties and Entitled to Custody. The Minnesota Court of Appeals held In re Custody of A.L.R., 830 N.W.2d 163 (Minn. Ct. App. 2013) that the paternal grandparents did not prove that there were extraordinary circumstances to warrant them to have sole physical and legal custody of their grandchild. In 2009 a child was born out of wedlock to 17 year-old Jessica Luna and 15 year-old Joseph Ramirez. The mother, Jessica Luna, Appellant, began residing with Respondents while she was pregnant. Appellant continued to live with Respondents and the father after she gave birth to A.L. R. The Appellant is an undocumented immigrant, the father and grandmother are U.S. citizens and the grandfather is a legal resident. In September, 2011, a fight ensued between Appellant and grandmother after which both the Appellant and grandmother requested Orders for Protection against each other. They were both granted by district court. In October an OFP hearing was held and the Order for Protection was dismissed against the grandmother. At the same time Respondents (grandmother and grandfather) filed an emergency ex-parte order petitioning for custody of the child and were granted immediate temporary legal and physical custody of the child. The district court concluded at that time that the grandparents had established that they were interested third parties under Minn. Stat. §257C.03. The court held that the Respondents did not establish that extraordinary circumstances existed thereby classifying them as interested third parties according to Minn. Stat. §257C.03. More specifically, the court held that Respondents did not establish that the Appellant neglected, abandoned, or caused the child physical or emotional harm; that the fact that the mother and father were minors and enrolled in high school when the child was born did not establish extraordinary circumstances; and the fact that the trial court found that the paternal grandmother was the child’s primary caregiver did not establish extraordinary circumstances. The Court reversed the decision of the trial court and ordered the matter back to district court where the issues of transitioning the custody of the child back to the mother and visitation could be addressed. Labels for the Post: child custody, interested third parties, grandparents’ custody