Cited by
Opinions in Minnesota that cite Soohoo v. Johnson, 731 N.W.2d 815.
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Colin Roy Zweber v. Amanda Lee Zweber
Minn. Ct. App. 2026
(stating that an appellate court, in an appeal from a district court’s third-party visitation order, “review[s] the [district] court’s findings in a light most favorable to those findings”).
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State of Minnesota v. Zachariah Christopher Whitehead
Minn. Ct. App. 2026
26, 2017); d 152, 163 (Minn. App. 2024) (noting that a parent’s custodial rights “must be balanced against the state’s interest in ensuring child welfare”); (“[S]tates may intrude on parental rights in order to protect the ‘general interest in the youth’s well-being.’” (quoting Prince v. Massachusetts, 321 U.S. 158, 166 (1944))); -64 (Minn. App. 2000) (concluding the best interests of a child is a compelling st
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Carrie Lynn Hofmann, et al v. Emily Catherine Johnson, Brandon Michael Johnson
Minn. Ct. App. 2025
her’s execution of a DOPA “indicate[d] her intent to continue to be actively involved in her child’s life”; and allowing appellants to become de facto custodians of a child living with them pursuant to a DOPA would violate mother’s constitutionally protected right to the care, custody, and control of their child, as discussed in Troxel v. Granville, 530 U.S. 57 (2000), 4 While the circumstances surrounding mother’s placement 4 The district court also appears to have misapplied Troxel and SooHoo
- Sela Investments, Ltd LLP v. J. H Minn. Ct. App. 2025
- Sela Investments, Ltd LLP v. J. H Minn. Ct. App. 2025
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In the Matter of the Welfare of the Child of: J. S., Parent
Minn. Ct. App. 2024
Troxel v. 8 Granville, 530 U.S. 57, 65-66 (2000)
- In the Matter of the Welfare of the Child of: T. M. A. and M. J. R., Parents Minn. Ct. App. 2024
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In the Matter of the Welfare of the Child of: T. M. A. and M. J. R., Parents
Minn. Ct. App. 2024
(holding that Minnesota Statutes section 260C.301, subdivision 1(b)(4) (2012), which provides that parents who previously have had their parental rights to children involuntarily terminated are presumed to be palpably unfit to parent other children, is narrowly tailored to serve the state’s compelling interest in protecting children and therefore survives strict scrutiny); -24 (Minn. 2007) (holding that Minnesota Statutes section 257C.08, subdivision 4 (2006), which allowed district courts to gr
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In re the Custody of KAG: Jessica E Hertel v. Robert W Gerding
Minn. Ct. App. 2024
“The district court enjoys broad discretion in determining visitation.”
- In re the Custody of K.K.N. Connie Jean Raby, et al. Appellants v. Bradley Aubrey Slater Minn. Ct. App. 2024
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In re the Custody of K.K.N. Connie Jean Raby, et al. Appellants v. Bradley Aubrey Slater
Minn. Ct. App. 2024
See Prince v. Massachusetts, 321 U.S. 158, 166 (1944)
- In the Matter of: Sharonda Nicks v. Sativa Rouse Minn. Ct. App. 2024
- In the Matter of: Sharonda Nicks v. Sativa Rouse Minn. Ct. App. 2024
- In the Matter of the Child of: M. E. P. and T. H. V., Parents Minn. Ct. App. 2024
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In the Matter of the Child of: M. E. P. and T. H. V., Parents
Minn. Ct. App. 2024
ognized that the Due Process Clause “includes a substantive component that provides heightened protection against government interference with certain fundamental rights and liberty interests,” including “the interest of parents in the care, custody, and control of their children.” Troxel v. Granville, 530 U.S. 57, 65 (2000) (plurality opinion) (quotation omitted) ().
- In the Matter of the Welfare of the Child of: T. M. A. and M. J. R., Parents Minn. Ct. App. 2024
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In the Matter of the Welfare of the Child of: T. M. A. and M. J. R., Parents
Minn. Ct. App. 2024
(“A parent’s right to make decisions concerning the care, custody, and control of his or her children is a protected fundamental right.”).
- In the Matter of the Welfare of the Children of: S.T. and A.D., Parents (A22-1066) Minn. 2023
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In the Matter of the Welfare of the Children of: S.T. and A.D., Parents (A22-1066)
Minn. 2023
Troxel v. Granville, 530 U.S. 57, 65 (2000) (plurality opinion) (describing “the interest of parents in the care, custody, and control of their children” as “perhaps the oldest of the fundamental liberty interests recognized by [the United States Supreme Court]”); (“A parent’s right to make decisions concerning the care, custody, and control of his or her children is a protected fundamental right.”); Lassiter v. Dep’t of Soc.
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In re the Matter of: E.J.N.V., DOB 12/19/2018, Angelina Louise Vanderlinde, et al v. Elysa Mae Nason, Joseph …
Minn. Ct. App. 2023
Both the United States Supreme Court and the Minnesota Supreme Court have recognized that a st ate may interfere with the fundamental right of a parent if it is necessary to protect a child’s “well - being.” (quoting Prince v. Massachusetts, 321 U.S. 158, 166 (1944)).
- In the Matter of: Ronald Jeffrey Smith v. Brian Robert Kessen, et al Minn. Ct. App. 2023
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In the Matter of: Ronald Jeffrey Smith v. Brian Robert Kessen, et al
Minn. Ct. App. 2023
“[I]n order to afford due deference to the fit custodial parent, the burden of proof must be on the party seeking visitation, and the standard of proof must be clear and convincing evidence.” (considering parent’s former domestic partner’s petition for visitation under Minn. Stat. § 257C.08).
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In re the Custody of: J. A. J., Carol Marie Dahl v. Mandy Marie Johnson, Joseph Ryan Hage
Minn. Ct. App. 2023
(citing Troxel, 530 U.S. at 65).
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In the Matter of the Welfare of the Child of: W. H. K., Parent
Minn. Ct. App. 2023
“ A parent’s right to make decisions concerning the care, custody, and control of his or her children is a protected fundamental right.” see also Troxel v. Granville, 530 U.S. 57, 65 (2000); Minn. Stat. § 260C.007, subd.
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Thomas Anthony Greshowak, et al v. Adam Paul Greshowak, et al
Minn. Ct. App. 2023
-24 (Minn. 2007) (considering visitation with a third party the child has resided with for more than two years pursuant to Minn. Stat. § 257C.08, subd.
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Jade Joseph Nickels v. Drew Evans, Superintendent, Bureau of Criminal Apprehension
Minn. Ct. App. 2023
(stating “[a] parent’s right to make decisions concerning the care, custody, and control of his or her 14 children is a protected fundamental right”).
- In the Matter of the Welfare of the Child of: S.B.G., Parent Minn. 2023
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In re the Matter of: M. V. K., d/o/b July 12, 2017, Joel Steven Kangas v. Jennifer Ann …
Minn. Ct. App. 2023
d 815, 820 (Minn. 2007) (citing Troxel, 530 U.S. at 65).
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In the Matter of the Welfare of the Child of: S. B. G., Parent
Minn. Ct. App. 2022
See Werlich v. Schnell , -65 (Minn. 2021) (concluding that appellant alleged justiciable claim that predatory- offender registration requirement violated constitutional right to parent) (d 815, 820 (Minn. 2007)).
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Ronald Jeffrey Smith v. Brian Robert Kessen, et al
Minn. Ct. App. 2022
-24 (Minn. 2007) (considering visitation with a third party the child has resided with for more than two years pursuant to Minn. Stat. § 257C.08, subd.
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In re the Marriage of: Michelle Grace Friesen v. Joshua David Friesen
Minn. Ct. App. 2022
See Troxel v. Granville, 530 U.S. 57, 65 (2000) (holding a parent has a protected fundamental right to make decisions concerning the care, custody, and control of his children); (applying this principle); see also Goldberg v. Kelly, 397 U.S. 254, 267–68 (1970) (holding an opportunity to present evidence is a protected procedural due-process right); Humenansky v. Minn. Bd.
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In Re the Custody of: KCDC DOB 1-9-2018, Kristin Annette Vanderheyden, et al v. Brittany Joyce Simon, Dannie …
Minn. Ct. App. 2022
3 DECISION “A parent’s right to make decisions concerning the care, custody, and control of [the parent’s] children is a protected fundamental right.” (citing Troxel v. Granville, 530 U.S. 57, 65 (2000)).
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State of Minnesota v. Jeffrey Scott Hurst
Minn. Ct. App. 2022
“A facial challenge to the constitutionality of a statute requires a showing that no set of circumstances exists under which the [statute ] would be valid.” SooHoo v. Johnson , (quotation omitted).
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Nicholas David Wivinus v. Nicole Lynette Nelson Anderson
Minn. Ct. App. 2021
Troxel v. Granville, 530 U.S. 57, 65-66 (2000)
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In the Matter of the Welfare of the Children of: B. M. S., T. J. R. T., and …
Minn. Ct. App. 2021
SooHoo v. Johnson , -25 (Minn. 2007).
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In re the Marriage of: Katherine Theresa Blair v. Campbell Johnston Blair
Minn. Ct. App. 2021
The Supreme Court has stated that “there is a presumption that fit parents act in the best interests of their children.” Troxel v. Granville, 530 U.S. 57, 68, 120 S. Ct. 2054, 2061 (2000); (citing Troxel, and making the same point).
- In the Matter of the Welfare of the Children of: K. H. and D. L., Parents Minn. Ct. App. 2021
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Minn. 2021
See SooHoo v. Johnson , (“A parent’s right to make de cisions concerning the care, custody, and control of his or her children is a protected fundamental right.”).
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In re the Marriage of: Michelle Lee Roberts n/k/a Michelle Lee Freitas v. Todd Mykle Roberts, County of …
Minn. Ct. App. 2021
6 While Freitas is indeed correct that the right of a parent to make decisions for their child in the face of government interference is a fundamental right protected by the federal and Minnesota constitutions, see Myer v. Nebraska, 262 U.S. 390, 399-400, 43 S. Ct. 625, 626-27 (1923); we do not address the merits of her argument for two reasons.
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Court of Appeals Thissen, J. Concurring, Anderson, J., Gildea, C.J. Fletcher Properties, Inc., et al.,
Minn. 2020
See SooHoo v. Johnson , d 815, 821 (Minn. 2007).
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State of Minnesota,
Minn. 2020
See SooHoo v. Johnson , (Anderson, J., concurring) (“Given the importance of holiday events to parent-child relationships, alternating holiday arrangements are particularly problematic in visitation awards under the third -party 16 visitation statute.”).
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James Vernon Larsen, et al v. Heather Cross, et al
Minn. Ct. App. 2019
“When reviewing visitation determinations for an abuse of discretion, we must determine whether the court made findings unsupported by the evidence or improperly applied the law.” SooHoo v. Johnson
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James Michael Eidson v. Christine Michele Eidson
Minn. Ct. App. 2019
We consider whether the district court “made findings unsupported by the evidence or improperly applied the law.”
- In Re the Custody of: N.S.V., L.J.V., E.T.V., Terri Ann Bischoff v. Linda J. Vetter Minn. Ct. App. 2019
- In the Matter of the Civil Commitment of: Christopher Raymond Coker Minn. Ct. App. 2019
- Bedeau v. Evans 926 N.W.2d 425 Minn. Ct. App. 2019
- Thibodeaux v. Evans 926 N.W.2d 602 Minn. Ct. App. 2019
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Thibodeaux v. Evans
926 N.W.2d 602
Minn. Ct. App. 2019
Soohoo v. Johnson , , 821 (Minn. 2007).
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Bedeau v. Evans
926 N.W.2d 425
Minn. Ct. App. 2019
State v. Ness , , 181 (Minn. 2013) (quoting Soohoo v. Johnson , , 821 (Minn. 2007) ).
- In the Matter of the Civil Commitment of: Thomas Ladon Webber Minn. Ct. App. 2019