Marriage of Randall v. Steward

426 N.W.2d 465, 1988 Minn. App. LEXIS 703, 1988 WL 67152
CourtCourt of Appeals of Minnesota
DecidedJuly 5, 1988
DocketC2-88-65
StatusPublished

This text of 426 N.W.2d 465 (Marriage of Randall v. Steward) 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 Randall v. Steward, 426 N.W.2d 465, 1988 Minn. App. LEXIS 703, 1988 WL 67152 (Mich. Ct. App. 1988).

Opinion

OPINION

CRIPPEN, Judge.

Diane Jorde Stewart appeals the trial court’s order on custody of her two children. After stating that neither parent had a greater caretaking role, the court concluded custody with the father would further the children’s best interests, finding determinative the children’s interest in a continued relationship with both parents.

FACTS

The parties, Daniel Lee Randall and Dianne Jorde Stewart were married on March 17, 1973. They had two daughters during the marriage: one born August 14, 1978, and the other born February 11,1981.

Respondent commenced divorce proceedings on December 17, 1983, and the marriage was dissolved on April 3, 1984. The order incorporated a stipulation between the parties which gave the parents joint legal custody. The agreement provided that the children would reside with each parent for one month and then after July 15, 1984, the parties would alternate custody every three or six months for a period of one year. After one year, a final decision of physical custody was to be agreed upon by the parties or made by further order of the court.

On March 28, 1986, the father requested a custody investigation, to try to clear up allegations of child abuse made by the mother. The final trial was held on August 10, 1987.

*467 a. Parental care

Each parent claimed status as primary-caretaker of the children. Appellant emphasized that she took leave from work after the birth of each daughter; that she adjusted her work schedule so she could be home during the day; and that she breastfed the children. As for specific tasks around the house, she testified she did most of the cooking and meal preparation, while he shopped for groceries and did errands; she did most of the bathing, grooming and dressing of the girls, and he did “some;” she made or purchased clothes for the girls; she took the children to their doctor appointments and to the hospital when needed, but he cared for the other child at those times and also took the girls to the emergency room on some occasions. Appellant testified she arranged day care; whichever parent was home attended to the children, but she did so on weekends; they shared discipline responsibilities; he did heavy work around the house and yard; and she did certain educating and teaching of skills to the children. Further, she indicated concern about sexual abuse of the girls and that the father was less perceptive to their individual personalities.

Respondent testified that he enjoyed taking care of the children, “participated a lot,” and did some cooking. He stated that he did the more heavy work, vaccuuming, cleaned the basement, the garage, and the cars, and that the mother “would take care of the more feminine household chores.” He thought they shared the child care about “50-50."

The custody study did not address the bonding between the parents and children in any detail and did not recommend custody in either parent. A friend of the father’s stated that when the girls are with the father and his new wife “everyone seems happy, content, relaxed in one another’s company.”

The trial court concluded that both parents participated fully in child-rearing. The court based its conclusion primarily on the fact that the parties had complimentary work schedules prior to the separation and that after the separation the father worked days and the mother nights.

b. Best interest factors (aMg)

The trial court went on the consider the best interests of the children based on the statutory factors in Minn.Stat. § 518.17, subd. 1 (Supp.1987). 1 The court found both parents desire custody, and that both children’s interaction with family and adjustment to home, school and community do not weigh in favor of either parent. The court disregarded factor 0 because it could not find there was an abuser even though there has been a great deal of emotional abuse between the parents. The mental and physical health of the parties appears to be healthy and normal. The court found factors (e), (f) and (i) not of great significance in this case. As to factor (b), the court stated that one of the children expressed a preference for spending more time with her father, and that both children have talked about anger being displayed between the mother and her new husband. However, the court concluded the children were too young (ages 6½ and 9, respectively, at the time of trial) to give much weight to their preferences.

*468 c. Factor (h): capacity and disposition to give custodial care.

Not having reached any conclusion from the other factors, the court stated “[t]hat leaves us with the capacity and disposition of the parties to give the children love, affection and guidance” as the dispositive factor. 2 The parties presented extensive evidence regarding the appellant’s repeated suggestions of sexual abuse by respondent, the veracity of the parties, and the significance of the evidence of abuse.

After the mother expressed concern with the older child’s behavior problems, in December 1983 the child was examined by two doctors. Both doctors noted behavior indicating a possible sexual abuse problem, but one concluded that he doubted clinically that any abuse had occurred and that the child’s behavior was probably attributable to her anxiety stemming from the parents’ antagonism to each other. In May 1984, the Olmsted County investigation of possible sexual abuse of the girls was closed as “unsubstantiated.”

The older daughter began therapy with a child therapist, Katie Beckmann, who observed the child engaged in “sexually aggressive” behavior with dolls. She was also examined by a physician, Dr. Brough-ton, who reported his finding of suspected sexual abuse to the Olmsted County Department of Social Services. An incident with another child at the babysitter’s prompted the parents to change babysitters.

After the investigation was closed as unsubstantiated, the mother continued to report claimed incidents of sexual abuse of the children. The new babysitter also reported to the child’s therapist about her behavior that could be interpreted as sexual. An examination at the hospital following these reports was negative.

Appellant reported other incidents to Social Services. In October 1985 the county attorney advised her there was not enough evidence to warrant reopening the case. At the request of the mother, the children were interviewed by a child abuse specialist, who concluded the girls showed symptoms consistent with sexual abuse but she could not substantiate any abuse.

The trial court found the abuse accusations untrue. The court found significant the fact that the mother took the children to the child abuse specialist as late as November 1985, after investigations into sexual abuse were twice closed due to insufficient evidence.

The court discussed the recommendation of various observers. Ron McGuire, a social worker, reported that custody should be shared and that a slight preference should be given to the mother having custody for the nine month school year, because the children seem more hyperactive after visiting their father and the mother does an excellent job as a parent.

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Bluebook (online)
426 N.W.2d 465, 1988 Minn. App. LEXIS 703, 1988 WL 67152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-randall-v-steward-minnctapp-1988.