Thursday, December 11, 2014
Minnesota: Transferring custody between parents
Student Name: Sydney Lener
Link for opinion: http://scholar.google.com/scholar_case?case=544059904083990167&q=custody&hl=en&as_sdt=4,24
Title: Minnesota: Transferring custody between parents
The Minnesota Court of Appeals held in Anoka County handled a custody case in 1982. The child, Krystal Elizabeth Preuss, was born in May. That December, David Preuss and Sandra Gunderson went to court to determine who got custody of the child. At this point in time, Krystal lived with her mother, Almost a year later, the father brought Sandra to court in order to receive custody of the child.
This resulted in a custody evaluation. During the evaluation, it was noted that for the better welfare of the child, that the father would be a better fit for custody of the child. This negatively affected the plaintiff, because in even later trials regarding the case, there was evidence found that the mother was unfit and it was not a good, stable position for the child to be in,
The mother appealed this. She claimed it was not enough to modify custody. Section 518.18 does govern the modification of custody orders, In this case, in order to modify custody, the court must find a change occurring in the circumstances of the child, or it being in the best interest of the child, Because they could not find any valid reason to obtain to these rulings, custody was not changed.
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