In Re the Child of Evenson
Court of Appeals of Minnesota
1Opinion of the Court
OPINION
ROSS, Judge.
Emily Evenson appeals from the denial of her custody-modification motion to regain legal and physical custody of her five-year-old son, D.E., from D.E.’s maternal grandfather and step-grandmother. Ev-enson argues that the district court failed to give due weight to the presumption of parental fitness enjoyed by a natural parent in a custody dispute with a nonparent. Because Evenson’s presumption of parental fitness was overcome when the district court transferred custody from her and we conclude that the presumption, once lost, is not automatically revived in a…
2Cases cited8 opinions
- Wallin v. WallinSupreme Court of Minnesota · 1971
- Vangsness v. VangsnessCourt of Appeals of Minnesota · 2000
- In Re Custody of NAKSupreme Court of Minnesota · 2002
- Silbaugh v. SilbaughSupreme Court of Minnesota · 1996
- Marriage of Frauenshuh v. GieseSupreme Court of Minnesota · 1999
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People ex rel. N.G.Colorado Court of Appeals · 2012
- In the Matter of the Welfare of the Child of: F. F. N. M., ParentCourt of Appeals of Minnesota · 2023
- In the Matter of the Welfare of the Child of: F. F. N. M., ParentCourt of Appeals of Minnesota · 2023
- In the Matter of the Welfare of the Children of: J. J. and C. F., Parents.Court of Appeals of Minnesota · 2014