Cited by
Opinions in Minnesota that cite Marriage of Ross v. Ross, 477 N.W.2d 753.
- In Re the Marriage of: Beth Amy Gissibl v. Matthew Glen Gissibl Minn. Ct. App. 2025
- In Re the Marriage of: Beth Amy Gissibl v. Matthew Glen Gissibl Minn. Ct. App. 2025
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In re the Marriage of:
Minn. Ct. App. 2025
“ The predominant importance of [an] older child is a well settled part of Minnesota law.”
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In Re the Custody of: C.A.C. and P.M.C.;
Minn. Ct. App. 2025
Endangerment requires a showing of “a significant degree of danger.”
- A24-0752 Minn. Ct. App. 2024
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In the Matter of:
Minn. Ct. App. 2024
the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference”) ; (noting that “[t]here is serious question when dealing with [an elder teenager] whether [district] courts can practically contradict the child’s choice even if it was shown to be misguided”).
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In re the Marriage of:
Minn. Ct. App. 2024
(holding that “[t]he choice of an older teenage child is an overwhelming consideration in [ ] deciding whether [she] is endangered by preserving the custodial placement [she] opposes”).
- In re the Marriage of: Valentin Arkadievich Povarchuk v. Rebecca Joyce Povarchuk, ... Minn. Ct. App. 2024
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In re the Marriage of: Valentin Arkadievich Povarchuk v. Rebecca Joyce Povarchuk, ...
Minn. Ct. App. 2024
ing the best interests of a child for purposes of determining custody and parenting time, the district court must consider and evaluate all relevant factors, including “the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference.” Minn. Stat. § 518.17, subd.1(a)(3) (2022); (“The choice of an older teenage child is 5 an overwhelming consideration in determining the child’s custody.”); (stating t
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In re the Custody of H. T. J. and H. W. J., Minor Children, Tyler Raymond Johnson, Jr., …
Minn. Ct. App. 2023
“The existence of endangerment must be determined ‘on the particular facts of each case.’” (), rev. denied (Minn. Sept.
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In re the Marriage of: Catrina M. Rued, petitioner, Respondent,
Minn. Ct. App. 2023
6 Endangerment requires “a showing of a significant degree of danger,” “but the danger may be purely to emotional development,”
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In re the Marriage of: Alison Lee Henry, f/k/a Alison Lee Underthun, f/k/a Alison Underthun-Meilahn, petitioner, Respondent,
Minn. Ct. App. 2022
(stating that endangerment may be purely to emotional development); (stating that movant alleging endangerment must show a “significant degree of danger”).
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In re the Matter of: Sean Patrick Dempsey, petitioner, Respondent,
Minn. Ct. App. 2022
16 “‘The concept of “endangerment” is unusually imprecise’” and depends “on the particular facts of each case.” Goldman, d at 285 (); (quotation omitted) .
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In re the Marriage of: Melissa Ann Kuchera, petitioner, Appellant,
Minn. Ct. App. 2022
“While ‘[t]he concept of “endangerment” is unusually imprecise, in the context of child custody, the legislature likely intended to demand a showing of a significant degree of danger.’” Sharp, d at 263 ( 9 (Minn. App. 1991) ).
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In re the Marriage of: Jaclyn Ann Stevens, petitioner, Respondent,
Minn. Ct. App. 2021
Our court has held that the endangerment standard, though “impre cise,” requires “a showing of a significant degree of danger.” see Goldman, d at 285 (quoting these aspects of Ross).
- Richard Minder III, Respondent, Minn. Ct. App. 2021
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In re the marriage of:
Minn. Ct. App. 2020
See M.J.H., d at 440 (indicating that the moving party must show that “the children’s present environment endangers their physical health, emotional health, or emotional development”); see also Ross v. Ross , (requiring a “significant degree of danger” to show endangerment).
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In re the Marriage of: Michaela Dojcinovic Bachmayer, petitioner, Respondent,
Minn. Ct. App. 2020
The concept of “e ndangerment” denotes a qualitative standard that requires a sho wing of a “significant degree of danger .”
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Sara Corinne Kysylyczyn, Appellant,
Minn. Ct. App. 2020
First, Kysylyczyn contends that a district court should defer to an older child’s “choice,” pointing to Ross v. Ross , , and similar caselaw.
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In the Matter of the Welfare of the Child of J. R. R., Parent.
Minn. Ct. App. 2020
(noting that, in the context of a custody dispute, “[t]he choice of an older teenage child is an overwhelming consideration in determining the child’s custody”).
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In re the Marriage of: Gena Maria Kramp, Respondent,
Minn. Ct. App. 2020
1(a)(3) (providing that one of the best -interests factors the district court must consider is “the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an i ndependent, reliable preference”); 757 (Minn. App. 1991) (stating that “[t]he choice of an older teenage child is an overwhelming consideration in determining the child’s custody or in deciding whether he is endangered by preserving the custodial placement he opposes” and
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A19-1057 A19-1062
Minn. Ct. App. 2019
Similarly, in Ross v. Ross , we determined that “[t]he choice of an older te enage child is an overwhelming consideration in determining the child’s [best interests].”
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In re the Marriage of: Christopher Warren Rupp, petitioner, Respondent,
Minn. Ct. App. 2019
Goldman v. Greenwood , ().
- Adam C. Steele, Appellant, Minn. Ct. App. 2019
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In re the Marriage of: David Brian Toft, petitioner, Appellant,
Minn. Ct. App. 2019
An endangerment finding requires a showing of a “significant degree of danger.”
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In re the Marriage of: Maria Rothen, petitioner, Respondent,
Minn. Ct. App. 2019
10 to demand a showing of a significant degree of danger.” (quotation omitted).
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In re the Marriage of: Rebekah Lynn Green, petitioner, Appellant,
Minn. Ct. App. 2018
LaBelle, d at 293; d 753, 756 (Minn. App. 1991)
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In the Matter of the Welfare of the Child of: L. D.-P., Parent.
Minn. Ct. App. 2018
A child’s preference with respect to custody and visitation matters is of “predominant importance.” Ross v. Ross , see also State ex rel.
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In re the Marriage of: Samuel Thomas Shea Greenwood, petitioner, Respondent,
Minn. Ct. App. 2018
Minn. Stat. § 518.18(d)(iv); d 753, 756 (Minn. App. 1991).
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In re the Custody of J. M. H. and A. M. H. Roland John Hillstrom, petitioner, Respondent,
Minn. Ct. App. 2018
This court addressed how district courts should use a child’s and Steinke.
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In re the Marriage of:
Minn. Ct. App. 2017
Although this court has previously cautioned that “the concept of endangerment is unusually imprecise,” this court clarified that “the legislature likely intended to demand a showing of a significant degree of danger.”
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In re the Marriage of: Jonathan Robert Repp, petitioner, Appellant,
Minn. Ct. App. 2017
Endangerment demands a showing of a “significant degree of danger.”
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In re the Marriage of: Rebekah L. Bennett, petitioner, Appellant,
Minn. Ct. App. 2017
29, 1986)) ); Ross v. Ross , (noting that a child’s emotional problems resulted in academic problems which could be addressed by a change of custody).
- In re the Marriage of: Wakisha Nicole Fortwengler, n/k/a Alexa Nicole Schultz, petitioner, Appellant, Minn. Ct. App. 2017
- Kathryn Suzanne Neufeld, f/k/a Kathryn Suzanne Hare v. Robert Russell Hare Minn. Ct. App. 2016
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Kathryn Suzanne Neufeld, f/k/a Kathryn Suzanne Hare v. Robert Russell Hare
Minn. Ct. App. 2016
d 753, 755 (Minn. App. 1991).
- In re the Marriage of: Timothy Michael Kopp v. Christina Ann Burton Minn. Ct. App. 2016
- In re the Marriage of: Timothy Michael Kopp v. Christina Ann Burton Minn. Ct. App. 2016
- Darick Joseph Waguespack v. Jocelyn Alicia Merz Minn. Ct. App. 2016
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Darick Joseph Waguespack v. Jocelyn Alicia Merz
Minn. Ct. App. 2016
(stating that “the legislature likely intended to demand a showing of a significant degree of danger”); see, -14 (Minn. App. 1991) (holding that allegations of emotional abuse by stepfather who was “yelling, throwing things, hitting walls, and drivi
- In re the Marriage of: Melissa Jo Butler v. Vance Aaron Butler Minn. Ct. App. 2015
- In re the Marriage of: Melissa Jo Butler v. Vance Aaron Butler Minn. Ct. App. 2015
- In re the Marriage of: Denise Louise Spanier v. Terence Urban Spanier 852 N.W.2d 284 Minn. Ct. App. 2014
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In re the Marriage of: Denise Louise Spanier v. Terence Urban Spanier
852 N.W.2d 284
Minn. Ct. App. 2014
The change in circumstances “must have occurred since 1 Appellant asserts that we should conduct a de novo review of the district court’s denial of her motion to modify custody
- In re the Marriage of: Thomas M. Dillahunt v. Tami L. Dillahunt, n/k/a Tami L. Mitchell Minn. Ct. App. 2014
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In re the Marriage of: Thomas M. Dillahunt v. Tami L. Dillahunt, n/k/a Tami L. Mitchell
Minn. Ct. App. 2014
The district court also ruled that a second prima-facie-case factor was not met because “the facts alleged by [Mitchell] do not rise to the level of endangerment in the 6 child’s present environment.” The endangerment requirement contemplates “a significant degree of danger.”
- Marriage of Boland v. Murtha 800 N.W.2d 179 Minn. Ct. App. 2011
- Marriage of Boland v. Murtha 800 N.W.2d 179 Minn. Ct. App. 2011
- Marriage of Goldman v. Greenwood 748 N.W.2d 279 Minn. 2008
- Marriage of Goldman v. Greenwood 748 N.W.2d 279 Minn. 2008