Lewis-Miller v. Ross

OPINION

ROBERT H. SCHUMACHER, Judge.

Appellant Gail Lewis-Miller argues the district court misinterpreted Minn.Stat. § 257C.03 (2004) in dismissing her petition for custody of her nephews without an evidentiary hearing. We reverse and remand.

FACTS

Respondent Christopher Ross and his domestic partner Debra Lewis had a son, C.R., in 1994, and another son, M.R., in January 2003. Ross and Lewis were never married. In October 2003, Lewis died four days after being diagnosed with breast cancer. From her deathbed, she dictated and signed a note stating, “I want my sister Gayle Lewis-Miller and…