Chapman v. Chapman

352 N.W.2d 437, 1984 Minn. App. LEXIS 3280
CourtCourt of Appeals of Minnesota
DecidedJuly 3, 1984
DocketC0-83-1731
StatusPublished
Cited by30 cases

This text of 352 N.W.2d 437 (Chapman v. Chapman) 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
Chapman v. Chapman, 352 N.W.2d 437, 1984 Minn. App. LEXIS 3280 (Mich. Ct. App. 1984).

Opinion

OPINION

LANSING, Judge.

The custodial mother appeals from an order of the trial court modifying the custody, visitation, child support, and medical and dental expense provisions of a 1979 dissolution judgment. The father cross-appeals the issue of child support. We affirm in part and reverse in part.

FACTS

Sheila Chapman’s and Michael Chapman’s marriage was dissolved in May 1979. The dissolution decree granted the mother custody of the couple’s children, ages eight and five. Michael Chapman was granted visitation, subject to a number of restrictions stipulated to by the parties and adopted by the court. He was ordered to pay $350 per month child support, to maintain health insurance for the children, and to be responsible for all uninsured medical and dental expenses.

The father has since remarried. His current wife is employed and earns approximately $22,000 per year. His own income has increased from $18,805.11 in 1979 to $27,798.10 in 1982. Child-rearing expenses for the mother have risen since the dissolution because the children are older and are now involved in more expensive activities.

Neither the mother nor the father has been able to agree or cooperate regarding their children’s upbringing. They have had disputes about religious training, medical and dental care, supervision, and appropriate entertainment for the children.

In January 1983, the mother moved to hold the father in contempt for failure to pay for orthodontia work for Bridget. In response, the father moved for joint custody and for modification of the visitation and medical and dental expense provisions of the decree. The mother then moved for an increase in child support.

A trial court considered the question of the father’s liability for the orthodontia work separately and issued an order on February 16, 1983, requiring the father to pay all uninsured medical and dental expenses. That decision was not appealed.

The remaining motions were consolidated for later consideration by another judge. *440 A May 4,1983, order granted joint custody, liberalized visitation, restricted the father’s liability for uninsured medical and dental expenses, and increased child support from $350 to $390 per month. In response to the mother’s motion for amended findings or for a new trial, the judge issued an amended order increasing child support to $410 per month.

The mother appeals the modifications of custody, visitation, child support, and the restriction of the father’s liability for uninsured medical and dental expenses. The father appeals the child support modification.

ISSUES

1. Did the trial court err by modifying custody without complying with statutory standards for custody modification or for joint custody?

2. Are the trial court’s modifications of visitation inconsistent with its finding that it is not in the best interest of the children to order any significant change of visitation?

3. Did the trial court err in increasing child support in light of the father’s increased income and the children’s increased living expenses?

4. Did the trial court err by modifying the decree to restrict the father’s liability for uninsured medical and dental expenses?

ANALYSIS

I

The trial judge cites both Minn.Stat. § 518.18 (1982) and § 518.17, subd. 2 (1982), as controlling his decision to modify the divorce decree to provide for joint legal custody. However, joint custody is inappropriate under either statute.

Minn.Stat. § 518.18(d) establishes a three-part test for modification of child custody orders when the parties have not agreed to a change. A court is to retain the custodian established by the prior order unless it specifically finds all of the following:

1. A significant change has occurred in the circumstances of the child or his custodian. The change must be based upon facts that have arisen since the prior order or that were unknown to the court at the time of the prior order. Nice-Peterson v. Nice-Peterson, 310 N.W.2d 471 (Minn.1981).

2. Modification is necessary to serve the best interests of the child.

3. The child’s present environment endangers his physical or emotional health or impairs his emotional development and the harm likely to be caused by a change in environment is outweighed by the advantage of a change to the child.

State on Behalf of Gunderson v. Preuss, 336 N.W.2d 546, 548 (Minn.1983); In re Marriage of Gottenborg, 343 N.W.2d 674 (Minn.Ct.App.1984).

The trial judge found that joint legal custody would be in the best interests of the children. But he failed to clearly identify any significant change of circumstance, and he made no finding that the present situation endangers the physical or emotional health of the children or that it impairs their emotional development. Furthermore, he failed to weigh the advantages of increased involvement by the father against the harm likely to be caused by divided authority. The modification cannot stand under Minn.Stat. § 518.18(d).

Even if facts were present to justify a change of custody, the record demonstrates that the parents are not candidates for joint custody. Minn.Stat. § 518.17, subd. 2, provides:

In addition to the factors listed in subdivision 1, where either joint legal or joint physical custody is contemplated or sought, the court shall consider the following relevant factors:
(a) The ability of parents to cooperate in the rearing of their children;
(b) Methods for resolving disputes regarding any major decision concerning *441 the life of the child, and the parents’ willingness to use those methods; and
(c) Whether it would be detrimental to the child if one parent were to have sole authority over the child’s upbringing.

The trial court reversed the standard. Instead of granting joint custody because the parties can cooperate and amicably settle disputes about the children, the judge granted joint custody because they cannot. Although ideally the parents should make major decisions concerning their children jointly, joint legal custody should not be used as a “legal baseball bat” to coerce cooperation, as advocated by the father’s attorney.

The record shows that the parents have basic differences concerning the health care, religious training and general upbringing of their children. They have not been able to communicate or cooperate in resolving their differences. Joint custody would only exacerbate the problem by dividing authority and increasing opportunities for conflict.

II

Minn.Stat. § 518.175, subd.

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

Related

Hansen v. Todnem
908 N.W.2d 592 (Supreme Court of Minnesota, 2018)
In re the Matter of: Birch Benjamin Hansen v. Suzanne Christine Todnem
891 N.W.2d 51 (Court of Appeals of Minnesota, 2017)
Kaloupek v. Burfening
440 N.W.2d 496 (North Dakota Supreme Court, 1989)
Marriage of Joneja v. Joneja
422 N.W.2d 306 (Court of Appeals of Minnesota, 1988)
Marriage of Sefkow v. Sefkow
413 N.W.2d 127 (Court of Appeals of Minnesota, 1987)
Marriage of Veit v. Veit
413 N.W.2d 601 (Court of Appeals of Minnesota, 1987)
Ozenna v. Parmelee
407 N.W.2d 428 (Court of Appeals of Minnesota, 1987)
Edsten v. Edsten
407 N.W.2d 102 (Court of Appeals of Minnesota, 1987)
Wenndt v. Wenndt
398 N.W.2d 7 (Court of Appeals of Minnesota, 1986)
Marriage of Andros v. Andros
396 N.W.2d 917 (Court of Appeals of Minnesota, 1986)
Marriage of Haasken v. Haasken
396 N.W.2d 253 (Court of Appeals of Minnesota, 1986)
Marriage of Greenlaw v. Greenlaw
396 N.W.2d 68 (Court of Appeals of Minnesota, 1986)
Marriage of Funari v. Funari
388 N.W.2d 751 (Court of Appeals of Minnesota, 1986)
In Re the Welfare of P.L.C.
384 N.W.2d 222 (Court of Appeals of Minnesota, 1986)
Marriage of McClintock v. Larson
382 N.W.2d 923 (Court of Appeals of Minnesota, 1986)
Marriage of Wolter v. Wolter
382 N.W.2d 896 (Court of Appeals of Minnesota, 1986)
Marriage of Bateman v. Bateman
382 N.W.2d 240 (Court of Appeals of Minnesota, 1986)
Marriage of Gustafson v. Gustafson
376 N.W.2d 290 (Court of Appeals of Minnesota, 1985)
Marriage of Berthiaume v. Berthiaume
368 N.W.2d 328 (Court of Appeals of Minnesota, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
352 N.W.2d 437, 1984 Minn. App. LEXIS 3280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-chapman-minnctapp-1984.