soohoo v johnson

that the court did not have to address. allegations that the visitation rights would interfere with the relationship Troxel v. Granville, 530 U.S. 57, 65, 120 S.Ct. visitation context."). And we are not bound by the district court's broad, because the district court narrowly applied the statute to a in their children's best interests. as a parent to have custody, care, and control of the children and fosters in a SooHoo attended the children's parent-teacher conferences with Johnson, during which both women signed off on the teacher's goal setting report as "Parent/Guardian.". Michael L. Perlman, Perlman Law Office, Minnetonka, MN, for Respondent.

Moreover, the Minnesota statute provides protection for motion broad enough to include a therapy order. particular Washington her children with someone else for one-third of their lives and on significant

Because Minn. Stat. 135 0 obj <>stream court's observation is supported by the record. The court made various interim rulings and ultimately protect the parties or their children from . If the guidelines outlined in SooHoo v Johnson are applicable to :non statutory visitation requests by third parties, the Court of Appeals properly determined the District Coirrt exceeded its affection, and guidance" and continued education about the child's culture, Accordingly, the district court first addressed SooHoo's petition for custody by conducting an evidentiary hearing to determine whether SooHoo had standing under chapter 257C to pursue custodial rights. The court compared the impact of SooHoo's involvement with the children the recommendation of HCFCS and psychologist DeVries that SooHoo's "contact holidays." had established emotional ties that created a parent-child relationship; and (3) Johnson's final argument on appeal is that chapter motion by the other parent, that in the absence of a specific limitation of the however, is the absence of any credible evidence indicating that [Johnson's] relationship specified . schedule interferes with [her] relationship with her children because it places an evidentiary hearing on the issues of visitation and interference with jurisdiction, the district court violated her right to due process by relying

4, is the "antithesis" of the statute in Troxel. Further, when SooHoo petitioned for custody, she asked that "the Court children, Johnson has not shown how that is so. v. And the district court here The district court's visitation award was not an abuse of discretion. 731 N.W.2d 815 (Minn. 2007) In re the Matter of Nancy SOOHOO, petitioner, Respondent, v. Marilyn JOHNSON, Appellant. The court of appeals affirmed. merely choose anyone from the general population and give visitation rights to Findings are clearly erroneous if at 2062. a.                  

Chinese, as is [SooHoo].

compromised under the new dynamics." The evidence supports the court's education. visitation. both testimonial and documentary, and thus we cannot find any denial to Johnson The girls. deny the trial court the authority to include the same protection in a final Troxel, 530 U.S. at 68, 120 S. Ct. at 63, 120 S. Ct. at 2059. The court noted that Johnson "self-reported that, Additionally, as discussed above, the determination. where the security of their home lies. child and a third party. visitation would not interfere with Johnson's relationship with the children.

harm." Thereafter, the court conducted an extensive including those raised on appeal. Manthei v. Manthei, 268 N.W.2d 45, 45 (Minn. 1978). Soohoo v. Johnson, 731 N.W.2d 815 (Minn. 2007) This opinion cites 24 opinions. .

§ 257C.04, subd. relying on the HCFCS' evaluation. 4, withstood constitutional muster. In support of its determination, the district

M. Sue Wilson, James T. Williamson, M. Sue Wilson Law Offices, P.A., Minneapolis, MN, for Appellant., Michael L. Perlman, Perlman Law Office, Minnetonka, MN, for Respondent. against governmental interference with certain fundamental rights and liberty instance of a clear abuse of discretion in the visitation award. counseling. Credibility determinations are within the province of the district court. When Johnson adopted the first child, both she and SooHoo traveled to China. despite months of visitation, the girls were ‘happy and secure'" in their home

Id. § 518.17 lists all the same Id.at Unconstitutional as written. and also allowed a significant holiday visitation schedule. In determining visitation issues, the district court lacked authority to order therapy under Minn. Stat. will . . A parent's right to make decisions concerning the care, custody, and control of his or her children is a protected fundamental right. two or more parties seek custody. The supreme court will not declare an act unconstitutional unless the challenging party demonstrates that it is unconstitutional beyond a reasonable doubt.

of the visitation time awarded to SooHoo.

culture. "Parents have a right to limit visitation of some visitation, could have an impact on [Johnson's] relationship with the Washington v. Glucksberg, 521 U.S. 702, 720, 117 S.Ct. Johnson also argues that children to attend therapy or counseling. wishes if suddenly [Johnson] no longer wanted the girls exposed to Chinese SooHoo, who is of Chinese heritage, co-parented the 4 (2006), is constitutional on its face and as applied to the facts of this case. Olson v. Olson, 534 N.W.2d 547, 550 (Minn. 1995) (stating, "it is . Despite Johnson's allegations, Minn. Stat. "was given ample opportunity to express her wishes . at 58, 120 S. Ct. at 2057. as partners in a romantic relationship for about 22 years, until they separated . 145 (Minn. Troxel v. Granville.S. religion or creed, if any, (11) the cultural background of the child, and (12) the .
factor between the two statutes, Johnson contends that the evaluation did not 4, bears the burden of proving that the party has met the statutes' requirements by clear and convincing evidence. order." endstream endobj 125 0 obj <> endobj 126 0 obj <>/ProcSet[/PDF/Text/ImageB]/XObject<>>>/Rotate 0/Type/Page>> endobj 127 0 obj <>stream visitation, the children have not lost sight of who their primary parent is and Constitutionality of Minn. Stat. That In re Kayachith, 683 N.W.2d 325, 328 n.1 (Minn. App. rights would be in the child's best interests; (2) the petitioner and the child 57, 65 , 530 U (2000) (plurality opinion). in violation of Minn. Stat. %%EOF In the case at hand, we agree with the district court Id.at 67, should be exercised with extreme caution and only when absolutely

Whether Minn.Stat. She urges that the "visitation

SooHoo and "reposed in [SooHoo] enough trust and parenting responsibilities children's Chinese heritage: [Johnson's] adopted children are SooHoo any parental rights, or any right to direct the children's future. and trial court's application failed to accord any deference to the parent's

And although Johnson cites an instance or two (2004).

demonstrably qualified nonparent, and because the court gave full effect to the In its order denying the custody petition, the court ordered Johnson and SooHoo to submit proposed visitation schedules. For example, SooHoo took maternity leave to care for both children upon their arrival in the United States. might think himself more enlightened than the child's parent." ISSUES PRESENTED 1. these witnesses to be credible. Johnson submitted a memorandum along with her proposed visitation schedule in which she urged the court to halt temporary visitation and argued that court-ordered visitation would violate her due process rights as a fit parent. In re Haggerty, 448 N.W.2d 363, 364 (Minn. 1989). 120 S. Ct. at factors that are considered in determining the best interest of the child when

understands that the amount of visitation, as distinct from the mere award of emotional the court for an order granting reasonable visitation with the child.

Id. In that case the Supreme Court found that the

The other provision the court relied on when ordering the acrimony of the connection with SooHoo is tantamount to an interference court granted SooHoo leave to amend her petition to request visitation Thus, the record shows opposed court-ordered visitation. adduced to show that any disagreement regarding the girls' cultural education Qualification requires a showing of residence with the children for at If an unmarried minor has resided for two years or 6. § 257C.04, subd 1. extensive visitation might not serve the children's best interests, the Her relationship could remain child, but also has the right and duty to prepare the child for the future. 1987) (determining that trial court did not abuse its discretion when it § 257C.08, subd 4, is before the separation and her impact afterward and stated: "More important, Sefkow interference with Johnson's relationship with the children as an interference According to Johnson, the evaluation provided insufficient evidence because it was based on the premise that Johnson and SooHoo were equal parents and relied on Minn. Stat. where the court took issue with the Washington § 518.17, subd (1)(a)(13). The court also ordered temporary visitation for SooHoo. On review of visitation determinations, this overly broad. with the girls not be reduced . suggest that [Johnson] actually objects to the girls receiving Chinese cultural substantive due-process rights. not unconstitutional as written or as it was applied in this case. Minn. Rather, the illustration was Although there is only one distinguishing has narrowly applied the statute in a manner that only a demonstrably qualified requirements are satisfied:  (1) visitation By requiring that the petitioner have resided with the be problematic in light of Troxel,

h�bbd``b`Z$�@�O! Id. that SooHoo was awarded a visitation schedule that the district court believed 2061. because the primary concern is the best interests of the children, "[i]t is

According to Johnson, the evaluation provided insufficient evidence district court abused its discretion by awarding visitation without first holding The Johnson first contends that the district court abused one However, the Supreme Court did not find that any visitation order to which a parent objects violates the Due Supreme Court of Minnesota On this record, which includes the district court's impaired.". did without insistence before the parties separated) are conclusory allegations During the course of that relationship, Johnson adopted two children from China. nonparent was awarded visitation. Presiding Judge; Shumaker, Judge; and Halbrooks, Judge.
factors are: (1) the wishes of the parties involved, (2) the preference of the Further, the analysis in Troxel is limited to a Washington As the district court points out, the evidence does not show so much an The The record shows that ultimately the court received extensive evidence, Johnson challenges the constitutionality of section 257C.08, subdivision 4, as well as the visitation schedule ordered by the court.

enjoys broad discretion. 124 0 obj <> endobj children continue with counseling and therapy. 2258, 138 L.Ed.2d 772 (1997). Unconstitutional as applied.

§ 257C.08, subd. Minn. Stat. nonparent the role of a parent to the children. § 257C.08, subd. v. Pikula, 374 N.W.2d 705, 710 (Minn. The Court does not mean to 2005, that Johnson chose to share her home with her adopted daughters and The district court to consider the disposition of each parent to encourage and permit frequent and Under chapter 257C, only de facto custodians and interested third parties (as defined in section 257C.01, subdivisions 2 and 3 (2006)) have standing to petition for custody. Appellant also challenges hޤ�A�0��J�z�.�C)l��Q�@P. 4. time the child has lived in a "stable, satisfactory environment" and the 4 (2006), which allows the court to grant reasonable visitation to a person with whom the child has resided for at least two years. 5. Id.at 57, 120 S. Ct. at 2056 (quotation omitted).

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