Psyck v. Wojtysiak

400 N.W.2d 409, 1987 Minn. App. LEXIS 4049
CourtCourt of Appeals of Minnesota
DecidedFebruary 10, 1987
DocketC6-86-1683
StatusPublished

This text of 400 N.W.2d 409 (Psyck v. Wojtysiak) 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
Psyck v. Wojtysiak, 400 N.W.2d 409, 1987 Minn. App. LEXIS 4049 (Mich. Ct. App. 1987).

Opinion

OPINION

LESLIE, Judge.

Joseph Wojtysiak appeals from an order denying his motion to modify custody of his twelve year old son Rodney. The trial court applied the standards of Minn.Stat. § 518.18 because Wojtysiak was moving for a modification of custody. On appeal Wojtysiak claims the trial court used an incorrect standard and the evidence is insufficient to support the decision. We reverse.

FACTS

Rodney Psyck was born on August 27, 1974 to Joseph Wojtysiak and Emily Psyck, who were unmarried. Wojtysiak voluntarily admitted paternity of the child in a judicial proceeding on December 11, 1974. The court ordered Wojtysiak to pay the amount of $70 per month for child support, but did not provide a hearing. The order did not make reference to custody of the child. Although Psyck and Wojtysiak never married, they resided together through June of 1982 when Rodney was almost eight years old.

After the parties separated in 1982, Rodney continued to live with Psyck. Psyck worked 3500 hours a year at two different jobs and thus was often away from home. In 1984, the school district where Rodney attended school diagnosed him as emotionally or behaviorally disabled. Psyck and Wojtysiak both participated in evaluation and education of Rodney. Rodney’s problems continued through the 1984-85 school year and the school district recommended placing Rodney in a special class for the 1985-86 school year.

Psyck received a job offer in North Dakota in August 1985. She accepted the offer and made plans to move there with Rodney. Wojtysiak sought a temporary restraining order to restrain Psyck from moving Rodney. On August 28, 1985, the trial court temporarily awarded custody to Wojtysiak. Psyck petitioned this court for extraordinary relief from the temporary custody order. This court denied that re *411 quest but ruled that Psyck had legal custody and Wojtysiak had to move for a change in custody, pursuant to Minn.Stat. § 518.-18(d) (1986).

The trial court appointed a guardian ad litem to represent Rodney’s interests and heard evidence for two days regarding the motion for modification. The court issued its order denying Wojtysiak’s request on September 4,1986 and this appeal followed.

ISSUES

1. Did the trial court apply the proper standard to this custody proceeding?

2. Was the trial court’s denial of appellant’s motion to modify custody clearly erroneous?

ANALYSIS

1. Our review of custody determinations is limited to deciding whether the trial court abused its discretion by making findings unsupported by the evidence or by improperly applying the law. Pikula v. Pikula, 374 N.W.2d 705, 710 (Minn.1985). In addition, the trial court’s findings must be sustained unless clearly erroneous. Id.; Minn.R.Civ.P. 52.01.

The trial court treated this matter as a motion to modify custody rather than an original determination of custody. The standards applicable to these motions are quite different. If a custody proceeding is concurrent or consolidated with a paternity action and the matter under consideration is the original determination of custody, the court must apply the standards set out in Minn.Stat. § 518.17 (1986). Morey v. Peppin, 375 N.W.2d 19, 23-24 (Minn.1985). That statute requires the court to consider the best interests of the child to determine who will have custody of the child. Minn. Stat. § 518.17, subd. 3 (1986).

If the custody proceeding is commenced after the conclusion of the paternity action, the court must treat the action as one seeking a modification of the custody order entered in the paternity action and must apply the standards of Minn.Stat. § 518.-18(d) (1986). Morey, 375 N.W.2d at 24. Section 518.18 is a much more difficult standard to overcome. Among other things, it requires finding:

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

Minn.Stat. § 518.18(d)(iii) (1986).

The trial court applied the 518.18 standard. It did so because of an order issued by this court on February 14, 1986. That order denied Psyck’s request for a writ of prohibition and stated in part:

9. Under the common law effective before enactment of the Minnesota Parentage Act, the mother’s legal right to custody of a child born out of wedlock was superior to the father’s. See Morey v. Peppin, 375 N.W.2d 19, 23 (Minn.1985).
10. [Psyck] now has legal custody of Rodney, [and] [Wojtysiak] seeks a modification of custody.

Wojtysiak contends the 518.17 standard should be applied in this case. He claims this case can be distinguished from the Morey case and should not be decided by the 518.18 standard. He cites several differences between this case and Morey. However, Wojtysiak fails to realize this court has already held that this action be treated as a motion to modify custody, relying on Morey. Under the common law prior to enactment of the Minnesota Parentage Act, the mother had the sole right to the custody of a child born out of wedlock. Morey, 375 N.W.2d at 21. Because Rodney’s paternity was adjudicated before the enactment of the Minnesota Parentage Act, no custody determination was made in the paternity action and Psyck, the mother, had the sole right to the custody of Rodney. Because Psyck had the sole right to custody, this action must be treated as a motion to modify custody. The trial court correctly applied the standards of Minn. Stat. § 518.18 (1986).

*412 2. When the parents do not agree to a change in custody, the trial court must use a three-part analysis to determine if a modification of custody should be made. Greenlaw v. Greenlaw, 396 N.W.2d 68, 71 (Minn.Ct.App.1986). First, the court must find that a change has occurred in the circumstances of the children or their custodian. Next, the court must find that the modification of custody is necessary to serve the best interests of the children. Finally, in applying the first two standards, “the court shall retain the custodian established by the prior order” unless it also finds either (a) that the children have been integrated into the family of the parent requesting a change in custody with the consent of the custodial parent or (b) that the children’s present environment endangers their physical or emotional health or impairs their emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child. Id.; Minn. Stat. § 518.18(d) (1986); See State on Behalf of Gunderson v. Preuss,

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Related

Marriage of Pikula v. Pikula
374 N.W.2d 705 (Supreme Court of Minnesota, 1985)
Marriage of Tran Thi Ngoc Johnson v. Smith
374 N.W.2d 317 (Court of Appeals of Minnesota, 1985)
Morey v. Peppin
375 N.W.2d 19 (Supreme Court of Minnesota, 1985)
In Re the Marriage of Gottenborg
343 N.W.2d 674 (Court of Appeals of Minnesota, 1984)
State on Behalf of Gunderson v. Preuss
336 N.W.2d 546 (Supreme Court of Minnesota, 1983)
Marriage of Greenlaw v. Greenlaw
396 N.W.2d 68 (Court of Appeals of Minnesota, 1986)
Marriage of Pfeiffer v. Pfeiffer
364 N.W.2d 866 (Court of Appeals of Minnesota, 1985)

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Bluebook (online)
400 N.W.2d 409, 1987 Minn. App. LEXIS 4049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/psyck-v-wojtysiak-minnctapp-1987.