Marriage of Corwin v. Corwin

366 N.W.2d 321, 1985 Minn. App. LEXIS 4049
CourtCourt of Appeals of Minnesota
DecidedApril 16, 1985
DocketC9-84-1317, C8-84-1986
StatusPublished
Cited by7 cases

This text of 366 N.W.2d 321 (Marriage of Corwin v. Corwin) 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
Marriage of Corwin v. Corwin, 366 N.W.2d 321, 1985 Minn. App. LEXIS 4049 (Mich. Ct. App. 1985).

Opinion

OPINION

WOZNIAK, Judge.

This is a custody dispute. The mother appeals from three separate court orders that changed custody of the child from the mother to the father, required the mother’s visitation to be supervised, and permitted the father to remove the child permanently to another state. We affirm.

FACTS

Laurel Corwin and Tom Corwin were married in June 1978. Their only child, Kristopher, was born in March 1979. The parties were divorced in July 1982. The mother was awarded physical custody of the child; the father was permitted liberal visitation. The parties had joint legal custody.

*323 In February 1983, the father moved the court for a change in physical custody. The court denied his motion. On March 31, 1983, the father took the child to California with his second wife. This was done without the consent or knowledge of the mother and was in violation of the custody decree. The mother located the child and had him returned in August 1983.

The June 14 Order

The father again moved for a change in custody alleging that the mother physically abused the child. A trial ensued. By its order of June 14,1984 the court found that:

[The mother] has spanked [the child] with her hand and with a plastic spoon and has bitten him.
[The mother] has belittled [the child], calling him ‘dummy’ and ‘stupid’.
[The mother] failed to notice bruises on [the child’s] body which were unusual in that they appeared not to have been caused by the ordinary activities of a child.
[The mother] has failed to deal with [the child’s] emerging sexuality adequately. For example, when [the child] had an erection, [the mother’s] reaction was to tell him, ‘We don’t do things like that,’ when she saw him examining himself. In June, 1983, [the child] reported to [his father and stepmother] that his mother got mad ‘when his pee-pee stuck out.’ He also told them that his mother hit, bit and slapped his penis and taped it to his leg.
[The child’s] report of sexual abuse is typical in that abused children frequently do not reveal sexual abuse while under physical control of the abuser but do tend to reveal the abuse after having been removed from control of the abuser for a period of time.

The court’s findings were based on testimony by the parties and by expert witnesses. The mother admitted to spanking the child with a plastic spoon and to biting him. She did not deny belittling the child. She explained that her behavior must be observed in context; she did not intend to harm the child. One psychologist, Mindy Mitnick, testified that the child’s test results were indicative of abuse, and that the mother’s test profile fit that of an abuser. The mother introduced contrary conclusions drawn by James McDonough, a child psychologist. McDonough claimed that the child had been adversely affected when father took him to California. McDonough admitted on cross-examination that his license to practice had been suspended. The child’s pediatrician testified that the mother had shown proper concern for the child. But he also testified that it would be unusual for her not to have observed some of the child’s bruises.

Based on its findings, the court concluded that the child’s physical and emotional health were jeopardized while he was in the custody of the mother. The court awarded sole physical and legal custody to the father. The order required the child to remain in Minnesota and prohibited visitation by the mother pending an investigation by county services.

On July 7, 1984, the court modified its order by permitting the mother supervised visitation. This was the recommendation of a court-appointed psychologist, Jack Peverill. Peverill determined that the mother and child should remain near each other for visitation and resolution of the child’s separation anxiety.

The October 31 order

Following the change of custody, the father moved the court for an order allowing him to remove the child to his new home in California. On August 1, 1984, the court denied the ■ husband’s motion and ordered county services to report on the progress of the mother’s visitation.

The father renewed his request to remove the child to California. This request was the focus of an evidentiary hearing in late October. On October 31, 1984, the court granted the father’s motion. Its findings were based on evidence submitted by the parties and by experts. It was found that the father now works in California at a gross annual salary of $19,500. The mother earns about $400 per month *324 and has expenses of approximately $490 per month.

A county services employee, Doneldon Dennis, who supervised six visits between the mother and child, reported several problems with the visitation. He concluded, “It would be best for the child if he is allowed to live with his family m California while the mother, hopefully, confronts her behavior.”

Peverill, the court-appointed psychologist, reexamined the child for the October hearing and determined that the child had progressed significantly. Peverill made no recommendation at this hearing about whether removal would be detrimental to the child.

The father’s expert psychologist, Ralph Underwager, testified that he had been treating the child once a week for three months prior to the October hearing. Un-derwager stated that removal would not affect the child adversely. Underwager concluded that the child perceives his California family as the functional family unit. “Simply put, [the child] belongs there.”

The mother’s expert psychologist, Mc-Donough, submitted a report shortly before the hearing which focused on the father’s negative behavior, such as taking the child to California without consent in 1983. It also indicated that the mother’s prognosis was “good” with continued therapy. The report offered no opinion as to the impact of removal of the child. McDon-ough had not interviewed the child since prior to May 1984.

The court concluded that it was in the child’s best interest to permit the move. The court ordered reasonable telephone visitation and face-to-face visitation for not less than 30 days per year. The court denied the mother’s motion to have the child reinterviewed by McDonough for this hearing. The court also denied the mother’s motion for a change of custody, for the appointment of a guardian ad litem, and for proceeding to appeal in forma pauperis.

ISSUES

1. Did the court err by changing custody to the father?

2. Did the court err by requiring the mother’s visitation to be supervised?

3. Did the court err in allowing the father to remove the child from the state?

4. Did the court err by denying the mother’s motion to proceed in forma pau-peris?

ANALYSIS

1. The mother appeals from the June 14 order that changed custody from her to the father.

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Cite This Page — Counsel Stack

Bluebook (online)
366 N.W.2d 321, 1985 Minn. App. LEXIS 4049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-corwin-v-corwin-minnctapp-1985.