Marriage of Frauenshuh v. Giese

599 N.W.2d 153, 1999 Minn. LEXIS 596, 1999 WL 685674
CourtSupreme Court of Minnesota
DecidedSeptember 2, 1999
DocketC8-98-444
StatusPublished
Cited by24 cases

This text of 599 N.W.2d 153 (Marriage of Frauenshuh v. Giese) 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
Marriage of Frauenshuh v. Giese, 599 N.W.2d 153, 1999 Minn. LEXIS 596, 1999 WL 685674 (Mich. 1999).

Opinions

OPINION

LANCASTER, Justice.

We are confronted with the difficult and important issue of when to permit modification of an award of sole physical custody. This is a case involving a custody dispute that has lasted nearly three years; the parties in this case have been to the district court twice and the court of appeals twice before we granted review. The issue before us is whether parties who agree in their dissolution decree to grant sole physical custody to one parent may stipulate to a standard for modification of physical custody different than the standard provided by statute. We conclude that the requirements of Minn.Stat. § 518.18 (1998) for modification of sole physical custody apply even when the parties have stipulated to a different standard in their dissolution decree. Accordingly, we reverse the court of appeals.

Appellant, Sherrie L. Giese (formerly known as Sherrie L. Frauenshuh) and respondent, Ronald R. Frauenshuh, were married in October 1986. Their son Logan was born in March 1991, and was three years old at the time of the marital dissolution in November 1994.1 The parties’ judgment and decree of dissolution was based upon a stipulated marital termination agreement (MTA). Frauenshuh, who is a lawyer, was represented throughout the divorce, but Giese, who at the time of the dissolution was in training to be a county executive director for the Minnesota Department of Agriculture, was unrepresented at the time the agreement was signed. The MTA granted sole physical custody to Giese and awarded each parent joint legal custody.2 Frauenshuh was [155]*155awarded visitation on Tuesday and Wednesday evenings and every other weekend during the school year along with a four-week extended visitation in the summer. The MTA provided:

The modification statute, Minn.Stat. § 518.18 shall not be applicable for a modification under the following situations:
1. If either party shall move a distance greater than fifty (50) miles. Under this circumstance, the best interest of the child will be thoroughly examined pursuant to Minn.Stat. § 518.17.

The agreement provided that if either party moved, the move would “constitute a substantial change in circumstances and the [visitation] schedule will be re-done in [a] fair manner.”

Giese learned in August 1996 that she had been appointed to the job of county executive director for the Minnesota Department of Agriculture in Cambridge. Two days after accepting her new job, Giese notified Frauenshuh of her new position, and she moved with Logan to Cambridge from Ortonville. Following Giese’s decision to move, Frauenshuh brought a motion for modification of physical custody, claiming that he was entitled to a de novo review of custody because Giese’s 150-mile move constituted a substantial change in circumstances pursuant to the parties’ MTA.

A.District court’s initial order

The district court issued an order dated November 18, 1996, allowing Giese to move with Logan to Cambridge. The district court relied upon the endangerment standard found in Minn.Stat. § 518.18 and rejected the best interests standard of Minn.Stat. § 518.17 (1998) stipulated to by the parties in their dissolution decree. Specifically, the district court found that even if Frauenshuh’s allegations were substantiated at an evidentiary hearing, there was no showing that Logan’s environment endangered his physical or emotional development.

B. First decision of the court of appeals

Frauenshuh appealed, and the court of appeals, in an unpublished decision, reversed in part and remanded the case to the district court, instructing the district court to apply the best interests standard as found in the parties’ dissolution decree. See Frauenshuh v. Giese, No. C8-96-2609, 1997 WL 275002 (Minn.App. May 27, 1997) (Giese I). The court of appeals noted that even if Frauenshuh and Giese “should not have been allowed to stipulate to a standard other than the one in the statute, they did so, the trial court approved the stipulation, judgment was entered thereon, and there was no appeal.” Id. at *1 (citations omitted). Giese did not petition this court for further review of the court of appeals’ decision.

C. District court order on remand

On remand, the district court considered the case on affidavits and written arguments; no new oral testimony was taken. The district court determined that Giese’s move with Logan was “unilateral,” and ordered that no evidence of events occurring after October 16, 1996, could be submitted. This restriction was coupled with an agreement by the parties in their MTA that because each was in a temporary [156]*156work situation,3 the parties agreed that “no evidence shall be introduced during the period regarding [the temporary work] situations for a change of custody proceeding.” The district court determined that Giese’s training period lasted from December 1, 1994, until November 30, 1995, and ruled that no evidence from this time period would be considered in determining custody. Essentially, because of the parties’ stipulation and the district court’s ruling, the time period from which to evaluate custody was reduced to December 1995 to September 1996, just 10 months of Logan’s life. Logan was almost seven years old when the district court issued its order on February 9, 1998, ruling: “[1] It is in Logan’s best interest to reside with [Giese] in Ortonville, MN; [2] In the event # 1 above is not a possibility, it is in Logan’s best interests to reside in Ortonville, MN, with [Frauenshuh].” The district court ordered that physical custody of Logan be awarded to Frauenshuh, but stayed its order pending appeal.4

D. Second decision of the court of appeals

Giese appealed and the court of appeals, in an unpublished decision, affirmed the district court. Frauenshuh v. Giese, No. C8-98-444, 1998 WL 481890 (Minn.App. Aug.18, 1998) (Giese II). We granted Giese’s petition for review, which included a claim that the court of appeals in Giese I erred by remanding the case to the district court for a determination using the best interests standard contained in the parties’ MTA. See Minn. R. Civ.App. P. 103.04 (“On appeal from or review of an order the appellate courts may review any order affecting the order from which the appeal is taken and on appeal from a judgment may review any order involving the merits or affecting the judgment. They may review any other matter as the interest of justice may require.”).

Our role in reviewing custody modification cases is limited. See Pikula v. Pikula, 374 N.W.2d 705, 710 (Minn.1985). An appellate court will not reverse a custody determination unless the district court abused its discretion by making findings unsupported by the evidence or by improperly applying the law. See id. On appeal, a district court’s findings of fact, whether based on documentary or oral evidence, are not set aside unless clearly erroneous, and the record is reviewed in a light most favorable to the findings. See Minn. R. Civ. P. 52.01; Ayers v. Ayers, 508 N.W.2d 515, 518 (Minn.1993).

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Marriage of Frauenshuh v. Giese
599 N.W.2d 153 (Supreme Court of Minnesota, 1999)

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Bluebook (online)
599 N.W.2d 153, 1999 Minn. LEXIS 596, 1999 WL 685674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-frauenshuh-v-giese-minn-1999.