Brauer v. Brauer

384 N.W.2d 595, 1986 Minn. App. LEXIS 4184
CourtCourt of Appeals of Minnesota
DecidedApril 8, 1986
DocketC9-85-1778
StatusPublished
Cited by15 cases

This text of 384 N.W.2d 595 (Brauer v. Brauer) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brauer v. Brauer, 384 N.W.2d 595, 1986 Minn. App. LEXIS 4184 (Mich. Ct. App. 1986).

Opinion

OPINION

CRIPPEN, Judge.

The trial court ordered joint legal custody of the parties’ two children and placed physical custody with respondent Lorna Brauer. Frederick Brauer appeals, arguing that the parties should have been awarded joint physical custody. We affirm.

FACTS

The parties were married in 1978 and have two children: Frederick, born October 6, 1979, and Jason, born September 11, 1980. Respondent Lorna Brauer is employed by Honeywell, Inc., and appellant Frederick Brauer is a principal and teacher at an elementary school. Respondent brought an action against appellant seeking dissolution of the marriage and custody of the children.

Both parents testified that they are concerned, loving parents. Respondent testified, and appellant admitted, that during the marriage respondent was the children’s primary caregiver. Appellant claimed, however, that the children’s best interests would be served by placing custody with him because he has a stable, respected, family-oriented job and enough vacation time to be able to spend a lot of time with the children. He also argued that since the parties’ separation, respondent has become very career oriented and that placement with her would not serve the children’s best interests.

The parties, working with a representative of Hennepin County Court Services, attempted to reach an agreement regarding custody and visitation of the children, but the agreement eventually broke down because the parties could not work well together. That agreement had provided for a scheme of joint physical custody.

The trial court awarded the parties joint legal custody, placed physical custody with respondent, and granted appellant reasonable visitation. Frederick Brauer appealed, seeking an award of joint physical custody.

ISSUES

1. Was the evidence sufficient to support the trial court’s determination that respondent was the primary parent?

2. Are the findings of fact sufficient?

3. Was the trial court’s refusal to award the parties joint physical custody an abuse of discretion?

ANALYSIS

I.

Appellate review of custody determinations is limited. We will only consider whether the trial court “abused its discretion by making findings unsupported by *597 the evidence or by improperly applying the law.” Pikula v. Pikula, 374 N.W.2d 705, 710 (Minn.1985).

In making custody determinations, the trial court must make a custodial placement that will serve the best interests of the child. Minn.Stat. § 518.17, subds. 1, 3 (1984). The best interests of the children are best served by placing custody with the child’s primary parent unless other considerations indicate the primary parent would be an unsuitable custodian. Pikula, 374 N.W.2d at 711. Placing the child with the primary parent best serves the child’s interests because of the intimate relationship that exists between the child and the primary parent. Id. It is in the best interests of the child that there be a continuity of caregiving and that there be stability in the child’s life. That continuity and stability is best achieved by salvaging the child’s relationship with the primary parent. Id. at 711, 712.

The trial court found that respondent is the children’s primary caregiver and placed custody with her. The trial court’s determination is based upon evidence that respondent stayed home with the children until the youngest was nine months old, that she took the children to the doctor, was responsible for finding day care and providing transportation to and from the day care center, and that she cooked meals and changed diapers.

The evidence is sufficient to support the trial court’s finding that respondent is the primary parent. The primary parent function is fulfilled by providing the daily care of the children, and there is sufficient evidence here that respondent provided that care.

Appellant argues that the respondent presently works full time, so that neither parent is the primary parent. Because Pikula requires that the primary caregiver determination is governed by the circumstances at the time the dissolution proceeding was commenced, this argument is without merit. See id. at 714. Moreover, we do not agree with appellant that the primary parenting role is limited to traditional homemaking functions of nonworking parents. See id.

II.

The trial court made the following findings of fact to support its determination that respondent is the primary parent and that the children should be placed in respondent’s custody:

Petitioner should be awarded the primary physical custody of the children, subject to Respondent’s right to reasonable visitation. Petitioner has been the primary nurturing parent since the birth of the children, and has been the primary physical custodian for the children since the parties separated in March, 1983. The children have thrived in her care.

These findings of fact are inadequate. See Wallin v. Wallin, 290 Minn. 261, 267, 187 N.W.2d 627, 631 (1971) (because of broad discretion in custody matters, the trial court must make particularized findings indicating basis of the custody determination). Nonetheless, we are satisfied from a review of the record that there was sufficient evidence here to support the trial court’s determination.

We affirm on this issue only because of the substantial supporting evidence found in the record. We do not mean to suggest that the requirement of particularized findings was overstated in Wallin. Particularized findings are necessary to facilitate appellate review, to ensure that trial courts are considering prescribed standards, and to satisfy the parties that an important question was fairly considered and decided by the trial court. Rosenfeld v. Rosenfeld, 311 Minn. 76, 82, 249 N.W.2d 168, 171 (1976).

III.

During the period of separation, the parties had agreed in principle to a joint physical custody arrangement. The agreement collapsed, however, when the parties were unable to work together. Appellant argues that the trial court abused its discretion by *598 not ordering joint physical custody as the parties had nearly agreed. He claims that joint physical custody was mandated in this case as a matter of law because the circumstances here are similar to those in a case in which this court affirmed a placement of the children in joint physical custody. See Berthiaume v. Berthiaume, 368 N.W.2d 328 (Minn.Ct.App.1985).

Appellant also argues that the primary parent standard is not applicable in cases such as this where there is a request for joint physical custody.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Marriage Of: Wopata v. Wopata
498 N.W.2d 478 (Court of Appeals of Minnesota, 1993)
Marriage of Keith v. Keith
429 N.W.2d 276 (Court of Appeals of Minnesota, 1988)
Marriage of Steinke v. Steinke
428 N.W.2d 579 (Court of Appeals of Minnesota, 1988)
In Re the Welfare of N.W.
405 N.W.2d 512 (Court of Appeals of Minnesota, 1987)
Marriage of Bjerke v. Wilcox
401 N.W.2d 97 (Court of Appeals of Minnesota, 1987)
Marriage of Greenlaw v. Greenlaw
396 N.W.2d 68 (Court of Appeals of Minnesota, 1986)
Marriage of Rimer v. Rimer
395 N.W.2d 390 (Court of Appeals of Minnesota, 1986)
Ryan v. Ryan
393 N.W.2d 511 (Court of Appeals of Minnesota, 1986)
Ohm v. Ohm
393 N.W.2d 411 (Court of Appeals of Minnesota, 1986)
Marriage of Peterson v. Peterson
393 N.W.2d 503 (Court of Appeals of Minnesota, 1986)
Marriage of Gerardy v. Gerardy
391 N.W.2d 915 (Court of Appeals of Minnesota, 1986)
Marriage of Tuma v. Tuma
389 N.W.2d 529 (Court of Appeals of Minnesota, 1986)
Bjerke v. Wilcox
384 N.W.2d 250 (Court of Appeals of Minnesota, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
384 N.W.2d 595, 1986 Minn. App. LEXIS 4184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brauer-v-brauer-minnctapp-1986.