Cited by
Opinions in Minnesota that cite Marriage of Nice-Petersen v. Nice-Petersen, 310 N.W.2d 471.
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In the Marriage of:
Minn. Ct. App. 2026
rning to the third step, we have explained: “Whether a party makes a prima facie case to modify custody is dispositive of whether an evidentiary hearing will occur on the motion.” Id.; (stating that “an evidentiary hearing shall be scheduled” if a moving party makes a prima facie case to modify custody); Nice - (explaining that, if a moving party fails to make a prima facie case, the district court “[is] require[d] .
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In re the Marriage of:
Minn. Ct. App. 2026
“Under section 518.18(d), the district court must first determine whether the party seeking to modify the custody arrangement has made a prima facie case by alleging facts that, if true, would provide sufficient grounds for modification.” Nice-Petersen v. Nice-Petersen
- In Re the Custody of J. K. S. Minn. Ct. App. 2025
- Kidane Sante Shulbe v. Ashley Rose Henke Minn. Ct. App. 2025
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Kidane Sante Shulbe v. Ashley Rose Henke
Minn. Ct. App. 2025
“Whether a party makes a prima facie case to modify custody is dispositive of whether an evidentiary hearing will occur on the motion.” Szarzynski, d at 292; (stating that “an evidentiary hearing shall be scheduled” if a moving party makes a prima facie case to modify custody); (explaining that, if a moving party fails to make a prima facie case, district court “[is] require[d] .
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In the Marriage of:
Minn. Ct. App. 2025
(holding that a party moving to modify custody must present sufficient evidence of endangerment to be entitled to an evidentiary hearing).
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In re the Guardianship of Gretchen Lucking.
Minn. Ct. App. 2025
to deny [the] motion[.]” Nice-Petersen v. Nice-Petersen
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In Re the Custody of N.M.L.J. --
Minn. Ct. App. 2025
§§ 1901-1963 (2018) (ICWA), and the Minnesota Indian Family Preservation Act, Minn. Stat. §§ 260.751-.835 (2024) (MIFPA); and (2) to deny their petition without an evidentiary hearing.
- In re the Custody of A. J.-E. L., William Robert Laurie v. Brittany Elizabeth Nebel, ... Minn. Ct. App. 2024
- In re the Custody of A. J.-E. L., William Robert Laurie v. Brittany Elizabeth Nebel, ... Minn. Ct. App. 2024
- In re the Marriage of: Minn. Ct. App. 2024
- A23-1970 Minn. Ct. App. 2024
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In re the Marriage of:
Minn. Ct. App. 2024
The change in circumstances since the prior order must be “significant.” d 471, 472 (Minn. 1981).
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Distinguished
In re the Marriage of: Jessica Ann Jahraus Pesola, petitioner, Appellant,
Minn. Ct. App. 2024
aff’d in part and rev’d in part, to argue that a district court does not have the authority to modify prior orders on its own initiative.
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In re the Marriage of: Wendy Sue Walker, petitioner, Respondent,
Minn. Ct. App. 2023
He contends that he is entitled to an evidentiary hearing because (1) requires one; (2) the district court could not rely on the BFA without an evidentiary hearing to allow father to cross-examine the evaluator and the witnesses she interviewed in preparing the BFA; and (3) an evidentiary hearing is required for a district court to restrict parenting time.
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In the Matter of the Welfare of the Children of: N. S. and C. H., Parents.
Minn. Ct. App. 2023
2 We note that section 518.18, subdivision (d)(i), (ii), (iii), and (v), provides alternative bases upon which the court can grant a custody-modification motion.
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In re the Marriage of: Laura Marie Anderson, petitioner, Respondent,
Minn. Ct. App. 2023
to deny [the] motion.” see Szar zynski v. Szarzynski , (citing this aspect of Nice-Petersen).
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In re the Marriage of:
Minn. Ct. App. 2023
to deny [the] motion.” Nice-Petersen v. Nice -Petersen, (citing this aspect of Nice-Petersen).
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In re the Marriage of: Leann Rae Hinrichs, petitioner, Appellant,
Minn. Ct. App. 2023
to deny [the] motion for modification of a custody order.”
- In re the Marriage of: Minn. 2022
- In re the Marriage of: Minn. Ct. App. 2021
- In re the Marriage of: Jaclyn Ann Stevens, petitioner, Respondent, Minn. Ct. App. 2021
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In re the Matter of: Brooks J. Waldron, petitioner, Respondent,
Minn. Ct. App. 2021
1 See Minn. Stat. 518.18 (2020); Englund v. Englund , d 800, 802 (Minn. App. 1984) (“If the affidavits accompanying the motion for modification do not allege sufficient facts to allow a cour t to reach the findings required by § 518.18, the trial court is required to deny the motion.” ().
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Jamison John Stewart, Respondent,
Minn. Ct. App. 2021
See Lewis-Miller II, d at 569 (applying a two -stage procedure for third-party custody proceedings similar to custody-modification procedure) ( (requiring district court to deny motion for custody -modification and evi dentiary hearing unless affidavits allege sufficient facts that, if true, would justify modification)).
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Richard Minder III, Respondent,
Minn. Ct. App. 2021
Nice-Petersen v. Nice - Petersen
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In re the Marriage of:
Minn. Ct. App. 2020
Nice-Petersen v. Nice-Petersen , 72 (Minn. 1981)
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In re the Marriage of:
Minn. Ct. App. 2020
App. 1984) (citing Nice-Peterson v. Nice-Peterson , ).
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In re the marriage of:
Minn. Ct. App. 2020
App. 1984) (citing Nice-Peterson v. Nice-Peterson , ).
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In re the matter of: Eric Thurman Clinton, petitioner, Respondent,
Minn. Ct. App. 2020
“If the affidavits accompany ing the motion for modification do not allege sufficient facts to allow a court to reach the findings required by [section] 518.18, the [district] court is required to deny the motion.” Englund v. Englund , (citing Nice-Peterson v. Nice - Peterson, ).
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In re the Matter of the Welfare of the Child of: J. A. R.-A., Father.
Minn. Ct. App. 2019
6(a), (b) (2018) (adoptive placement); Nice-Peterson v. Nice -Peterson, (modification of custody).
- Adam C. Steele, Appellant, Minn. Ct. App. 2019
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In re the Marriage of:
Minn. Ct. App. 2019
D E C I S I O N A district court “is accorded broad discretion in its consideration and disposition of a motion to modify an award of child custody made incident to a judgment and decree of marital dissolution.”
- In re the Marriage of: Rachel Ann Hughes, petitioner, Appellant, Minn. Ct. App. 2018
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In re the Marriage of: Anna Modeo, petitioner, Respondent,
Minn. Ct. App. 2018
See Nice–Petersen v. Nice –Petersen, (finding no abuse of discretion in denying an evidentiary hearing when affidavits failed to set forth a change of circumstances justifying modification); (finding that no evidentiary hearing is required “ where the affidavits do not contain
- Marriage of Crowley v. Meyer 897 N.W.2d 288 Minn. 2017
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Marriage of Crowley v. Meyer
897 N.W.2d 288
Minn. 2017
(“[T]he burden is upon the movant to establish satisfactorily on a preliminary basis that there has occurred a significant change of circumstances from the time when the original or amended custody order was issued.”).
- In Re The Matter of: Pamela Annette Bowman v. James John Wieczorek Minn. Ct. App. 2017
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In Re The Matter of: Pamela Annette Bowman v. James John Wieczorek
Minn. Ct. App. 2017
See, 779-80 (Minn. App. 1997).
- In the Marriage of: Robert Peter Crowley v. Bridget Marie Meyer Minn. Ct. App. 2016
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In the Marriage of: Robert Peter Crowley v. Bridget Marie Meyer
Minn. Ct. App. 2016
Importantly, “a proponent of change is entitled to an evidentiary hearing upon showing a prima facie case for the requested modification.”
- In re the Marriage of: David Allen Anderson v. Lisa Marie Anderson n/k/a Lisa Marie Syverson Minn. Ct. App. 2016
- Darick Joseph Waguespack v. Jocelyn Alicia Merz Minn. Ct. App. 2016
- In re the Marriage of: David Allen Anderson v. Lisa Marie Anderson n/k/a Lisa Marie Syverson Minn. Ct. App. 2016
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Darick Joseph Waguespack v. Jocelyn Alicia Merz
Minn. Ct. App. 2016
Goldman, d at 284; (stating that a moving party’s burden is to allege facts—rather than gather evidence—sufficient to justify modification).
- In Re Petition for DISCIPLINARY ACTION AGAINST Marc G. KURZMAN, a Minnesota Attorney, Registration No. 59080 871 N.W.2d 753 Minn. 2015
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In Re Petition for DISCIPLINARY ACTION AGAINST Marc G. KURZMAN, a Minnesota Attorney, Registration No. 59080
871 N.W.2d 753
Minn. 2015
The movant must support the motion with “an affidavit setting forth facts in support of the modification.”
- In re the Marriage of: Holly Beth Ogilvie, n/k/a Holly Beth Gislason v. John Richard Ogilvie Minn. Ct. App. 2015
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In re the Marriage of: Holly Beth Ogilvie, n/k/a Holly Beth Gislason v. John Richard Ogilvie
Minn. Ct. App. 2015
(“[T]he trial court shall review the documents and schedule an evidentiary hearing [on the motion to modify custody] if that review indicates a likelihood that the movant might establish the requisite change of circumstances upon which a modification may be based.”).
- Sheikh Bilaal Muhammad Arafat f/k/a Mark Edward Wetsch v. Barlin Mohamed Ahmed Minn. Ct. App. 2015
- Sheikh Bilaal Muhammad Arafat f/k/a Mark Edward Wetsch v. Barlin Mohamed Ahmed Minn. Ct. App. 2015