Marriage of Sinsabaugh v. Heinerscheid

428 N.W.2d 476, 1988 Minn. App. LEXIS 843, 1988 WL 88489
CourtCourt of Appeals of Minnesota
DecidedAugust 30, 1988
DocketC4-88-469
StatusPublished
Cited by4 cases

This text of 428 N.W.2d 476 (Marriage of Sinsabaugh v. Heinerscheid) 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 Sinsabaugh v. Heinerscheid, 428 N.W.2d 476, 1988 Minn. App. LEXIS 843, 1988 WL 88489 (Mich. Ct. App. 1988).

Opinions

OPINION

L.J. IRVINE, Acting Judge.

This is an appeal from a custody proceeding wherein respondent Paul Heinerscheid was granted physical custody of the parties’ minor child. Appellant Nancy Sinsa-baugh claims the trial court erred in failing to apply the primary parent doctrine established in Pikula v. Pikula, 374 N.W.2d 705 (Minn.1985) as of the parties’ date of sepa[478]*478ration. She further claims the trial court abused its discretion in finding that the best interests of the child were served by-granting respondent custody, and in failing to award attorney fees. We affirm.

FACTS

Appellant Nancy Sinsabaugh and respondent Paul Heinerscheid were married in 1979. Their only child was born in July 1982. In September 1984, the parties separated, and Sinsabaugh moved to Boston, Massachusetts. Heinerscheid remained in Minnesota with the parties’ child.

In the spring of 1985, the parties began negotiating a joint legal custody plan with alternating physical custody. Under the stipulation, Sinsabaugh would retain physical custody in Massachusetts during the 1985-86 school year, while Heinerscheid would retain custody during the 1986-87 school year. If the parties could not reach a custody agreement after August 31, 1987, the issue would be submitted for judicial resolution. The stipulation was incorporated into the October 1985 dissolution order and judgment.

In April 1986, Heinerscheid met Christine Work, and they were married in June 1987. Work is the mother of two children from a previous marriage, and quit her job to spend more time caring for the children.

The parties were unable to reach an agreement regarding custody, and the trial court heard the matter in November 1987. Each party testified that they were the child’s primary caretaker at the time of the separation and in the three years prior to the hearing. They further testified as to the educational programs and socialization of the child in their respective locations. Both claimed to have a close, loving relationship with the child. Moreover, both introduced the testimony of friends and neighbors regarding the child’s living environment, and their parent-child relationship.

A psychologist retained by Sinsabaugh performed a custody evaluation, and concluded that Sinsabaugh was more emotionally suited for custody of the parties’ child. Heinerscheid asked the psychiatrist the parties originally retained to evaluate custody to prepare a custody evaluation for the custody proceeding. The psychiatrist concluded that it would be in the child’s best interests if Heinerscheid was granted custody.

The trial court awarded custody to Hein-erscheid. The court found that the “primary caretaker” test set out in Pikula was inapplicable because three years had passed since the separation and two years had passed since the dissolution. The court determined that even if Pikula were applicable, both parties participated in caring for the child since the separation, with Heinerscheid being the primary caretaker from September 1984 through November 1987. In determining custody, the court followed the relevant factors set out in Minn.Stat. § 518.17 (1986) to determine the best interests of the child. After application of the factors to the facts of the case, the court determined that the best interests of the child favored a grant of custody in favor of Heinerscheid. The court refused to award Sinsabaugh attorney fees.

The trial court issued an amended judgment and decree on January 4, 1988, consistent with the December order. Sinsa-baugh’s subsequent motion for a new trial or amended findings was denied.

ISSUES

1. Did the trial court err in failing to apply the primary parent doctrine as of the parties’ separation date?

2. Did the trial court abuse its discretion in determining the best interests of the child were served by granting respondent custody?

3. Did the trial court abuse its discretion in failing to award attorney fees?

ANALYSIS

1. Appellate review of custody decisions is limited to determining whether the trial court abused its discretion by making unsupported findings or improperly applying the law. Pikula, 374 N.W.2d at 710. The trial court’s findings must be sustained unless they are clearly errone[479]*479ous. Minn.R.Civ.P. 52.01; Pikula, .374 N.W.2d at 710.

The trial court must make a custodial placement that will serve the best interests of the child. Minn.Stat. § 518.17, subds. 1, 3 (1986). The children’s best interests are served by placing custody with the child’s primary parent unless other considerations indicate the primary parent would be an unstable custodian. See Pikula, 374 N.W.2d at 711.

The primary caretaker determination must be made “at the time the dissolution proceeding was commenced.” Id. at 714. The Minnesota Supreme Court interpreted the timing of the custody determination as follows:

The phrase “at the time the dissolution proceeding was commenced” is used to indicate the point in time at which the family relationships were physically disrupted by events leading to the dissolution of the marriage, e.g., at the time of the parties’ separation or the interruption of the functioning full family unit.

Id. at 714 n. 3 (emphasis added).

Sinsabaugh contends the trial court erred in determining that Pikula was inapplicable because three years had passed since the parties’ separation. However, the Minnesota Supreme Court recently ruled that the Pikula analysis is applicable only when the separation date and the trial date are reasonably close. Sefkow v. Sefkow, 427 N.W.2d 203, 213 (Minn.1988). The supreme court held as follows:

Pikula dictates that the primary parent of a very young child be determined as of the date of separation. Only if this date is reasonably close to the actual trial does the Pikula analysis have any viability. We further emphasize that it is truly in the best interests of the child to have permanent custody fixed as quickly as possible to avoid the limbo of a [child] and to furnish much-needed stability at this difficult time.

Id. (emphasis added). Given the three year period between the separation date and the trial date, we find that the trial court did not err in applying the best interests of the child analysis as opposed to applying the primary parent analysis under Pikula.

2. The trial court’s findings in custody determinations will be sustained unless they are clearly erroneous. Pikula, 374 N.W.2d at 710. Minn.Stat. § 518.17, subd. 1 (1986) lists relevant factors in determining the best interests of the child, in pertinent part, as follows:

(c) The interaction and interrelationship of the child with a parent or parents, a sibling, and any other person who may significantly affect the child’s best interests;
(d) The child’s adjustment to home, school, and community;
(e) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

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

Related

In re the Matter of: Jill Marie Newstrand v. Jamison Robert Arend
869 N.W.2d 681 (Court of Appeals of Minnesota, 2015)
Marriage Of: Wopata v. Wopata
498 N.W.2d 478 (Court of Appeals of Minnesota, 1993)
Marriage of Meyer v. Meyer
441 N.W.2d 544 (Court of Appeals of Minnesota, 1989)
Marriage of Sinsabaugh v. Heinerscheid
428 N.W.2d 476 (Court of Appeals of Minnesota, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
428 N.W.2d 476, 1988 Minn. App. LEXIS 843, 1988 WL 88489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-sinsabaugh-v-heinerscheid-minnctapp-1988.