Beardsley v. Garcia

753 N.W.2d 735, 2008 Minn. LEXIS 360, 2008 WL 2917596
CourtSupreme Court of Minnesota
DecidedJuly 31, 2008
DocketA06-922
StatusPublished
Cited by30 cases

This text of 753 N.W.2d 735 (Beardsley v. Garcia) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beardsley v. Garcia, 753 N.W.2d 735, 2008 Minn. LEXIS 360, 2008 WL 2917596 (Mich. 2008).

Opinions

OPINION

ANDERSON, G. BARRY, Justice.

Appellant Alissa Christine Beardsley and respondent Dante’ Antonio Garcia, Jr., signed a recognition of parentage acknowledging that Garcia is the biological father of D.G., one of Beardsley’s sons. The district court subsequently granted Beardsley an order for protection against Garcia, but it granted Garcia temporary parenting time with D.G. in the order. Beardsley appealed the district court’s grant of temporary parenting time to Garcia, and the court of appeals affirmed. We affirm the decision of the court of appeals.

On March 2, 2006, Beardsley petitioned for an order for protection (OFP) against Garcia.1 Beardsley stated in the petition that she has two minor sons, A.F. and D.G., but that she and Garcia have no children in common. Beardsley alleged that on February 24, 2006, Garcia threatened to split her head open, knock out her teeth, and possibly kill her. She also alleged that A.F. overheard Garcia threaten to kill her 2 days later when A.F. answered a phone call from Garcia and Beardsley refused to take the call. The district court issued an ex parte temporary OFP and scheduled a hearing on Beardsley’s petition.

At the hearing on Beardsley’s petition, which was held on March 16, 2006, Garcia did not challenge the issuance of the OFP but requested parenting time with D.G., who was 20 months old at the time. Garcia provided the district court with a recognition of parentage (ROP) in which he and Beardsley acknowledged that they are D.G.’s biological parents, but the record indicates that Garcia’s paternity of D.G. had not been adjudicated. Beardsley informed the court that although Garcia is not D.G.’s biological father, he had “insisted on signing the birth certificate.” Beardsley said that she did not believe that D.G. would be safe with Garcia because of Garcia’s “anger problems” and that she feared that Garcia would “threaten somebody else in front of [D.G.].”

Later in the day on March 16, the district court issued a 1-year OFP that prohibited Garcia from committing any acts of domestic abuse against Beardsley, entering Beardsley’s residence, and contacting Beardsley by any means. The court made no finding that domestic abuse had occurred, and the OFP stated that Garcia had denied the allegations of the petition but had agreed to the issuance of the OFP. The court granted in part and denied in part Garcia’s request for parenting time, awarding him parenting time with D.G. for 2 hours each weekend at a supervised facility.

Beardsley appealed the district court’s grant of temporary parenting time to Garcia, arguing that Minn.Stat. § 257.541, subd. 3 (2006), prohibits a district court from awarding parenting time to an ROP father in an OFP proceeding. The court of appeals affirmed, holding that the district court had both subject matter jurisdiction and statutory authority to award temporary, supervised parenting time to Garcia in the OFP. Beardsley v. Garcia, 731 N.W.2d 843, 851-52 (Minn.App.2007). The court of appeals also held that Beards[737]*737ley’s due process rights were not violated. Id. at 850. We granted Beardsley’s petition for review on the issue of whether the district court had statutory authority to award Garcia temporary parenting time with D.G. as part of the OFP proceeding.

The object of statutory interpretation “is to ascertain and effectuate the intention of the legislature.” Minn.Stat. § 645.16 (2006). “When the language of a statute is plain and unambiguous, it is assumed to manifest legislative intent and must be given effect.” Burkstrand v. Burkstrand, 632 N.W.2d 206, 210 (Minn.2001). But when the statutory language is ambiguous, we may look to other sources to ascertain legislative intent. Minn.Stat. § 645.16. “An ambiguity exists only where a statute’s language is subject to more than one reasonable interpretation.” State v. Mauer, 741 N.W.2d 107, 111 (Minn.2007). “Statutory interpretation is a question of law that we review de novo.” State v. Al-Naseer, 734 N.W.2d 679, 683 (Minn.2007).

The Domestic Abuse Act, MinmStat. § 518B.01 (2006), “provides a process whereby domestic abuse victims may petition for protection and relief.” Burkstrand, 632 N.W.2d at 209. It provides for “an action known as a petition for an order for protection in cases of domestic abuse” and requires that a petition for an OFP “allege the existence of domestic abuse.” Minn.Stat. § 518B.01, subd. 4. If the petition “alleges an immediate and present danger of domestic abuse, the court may grant an ex parte order for protection.” Id., subd. 7(a). Otherwise, after giving notice to the alleged abuser and holding a hearing, the court may grant the petitioner a wide array of relief in an OFP. Id., subd. 6(a). In particular, the court may “establish temporary parenting time with regard to minor children of the parties on a basis which gives primary consideration to the safety of the victim and the children.” Id., subd. 6(a)(4). Because section 518B.01, subd. 6(a)(4), authorizes a court to award temporary parenting time in an OFP proceeding, the district court had the authority to award Garcia parenting time in the March 2006 OFP unless he is excluded from the scope of the statute.

Beardsley argues that Garcia is excluded from the scope of section 518B.01, subd. 6(a)(4), because he is an unadjudicated father whose paternity has been acknowledged in an ROP. Under MinmStat. § 257.75, subd. 1 (2006), a child’s father and a child’s mother “who was not married to the child’s father nor to any other man when the child was conceived [or] * * * born may” acknowledge under oath in an ROP “that they are the biological parents of the child and wish to be recognized as the biological parents.” An ROP is “a basis for bringing an action to award * * * parenting time to either parent,” and, subject to exceptions not implicated in this case, an ROP “has the force and effect of a judgment or order determining the existence of the parent and child relationship.” Minn.Stat. § 257.75, subd. 3 (2006). Such a “judgment or order of the court determining the existence * * * of the parent and child relationship is determinative for all purposes.” Minn.Stat. § 257.66, subd. 1 (2006). Therefore, D.G. is Garcia’s “minor child” for purposes of section 518B.01, subd. 6(a)(4), which authorizes a district court to “establish temporary parenting time with regard to minor children of the parties.”2

[738]*738A father whose paternity has been acknowledged in an ROP may commence an action to determine parenting time “pursuant to chapter 518 without an adjudication of parentage,” but “[u]ntil an order is entered granting custody to another, the mother has sole custody.” Minn.Stat. § 257.75, subd. 3. Minnesota Statutes § 257.541, subd. 3, also permits an ROP father to commence an action to determine parenting time under chapter 518, providing as follows:

If paternity has been recognized under section 257.75 [the ROP statute], the father may petition for rights of parenting time or custody in an independent action under section 518.156. * * * An action to determine custody and parenting time may be commenced pursuant to chapter 518 without an adjudication of parentage.

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Bluebook (online)
753 N.W.2d 735, 2008 Minn. LEXIS 360, 2008 WL 2917596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beardsley-v-garcia-minn-2008.