Cited by
Opinions in Minnesota that cite Durkin v. Hinich, 442 N.W.2d 148.
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In Re the Custody of the Children of:
Minn. Ct. App. 2026
’” Rosenfeld v. Rosenfeld , (); see also Durkin v. Hinich , (the presumption that a natural parent is entitled to custody may be overturned if there are grave and weighty reasons to separate a child from a natural parent (quotation omitted)).
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In Re the Marriage of:
Minn. Ct. App. 2024
3( 3) (2022); see Durkin v. Hinich , d 148, 152 (Minn. 1989) (“The guiding principle in all custody cases is the best interest of the child.”).
- In the Matter of the Welfare of the Children of: A. S., D. S., C. P., J. H., … Minn. Ct. App. 2024
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In the Matter of the Welfare of the Children of: A. S., D. S., C. P., J. H., …
Minn. Ct. App. 2024
“Even though the [district] court is given broad discretion in determining custody matters, it is important that the basis for the court’s 9 decision be set forth with a high degree of particularity.” (quotation omitted); (citing this aspect of Durkin in a juvenile- protection appeal), rev. denied (Minn. June 19, 2007).
- Lisa Ann Poseley v. Andrew Scott Duff, and Lisa Ann Poseley on Behalf of Minor ... Minn. Ct. App. 2023
- Lisa Ann Poseley v. Andrew Scott Duff, and Lisa Ann Poseley on Behalf of Minor ... Minn. Ct. App. 2023
- In re the Matter of: M. V. K., d/o/b July 12, 2017, Minn. Ct. App. 2023
- In re the Marriage of: Michelle Grace Friesen, petitioner, Respondent, Minn. Ct. App. 2022
- Cota v. Keene Ariz. Ct. App. Div. 1 2021
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In re the Marriage of: Michaela Dojcinovic Bachmayer, petitioner, Respondent,
Minn. Ct. App. 2020
7 The district court has broad discretion in determining custody matters, although it must set forth the basis for its decision “with a high degree of particularity.” (quotation omitted).
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In Re the Marriage of: NaCole LaVae Ferden, petitioner, Appellant,
Minn. Ct. App. 2017
“Even thou gh the [district] court is given broad discretion in determining custody matters, it is important that the basis for the court’s decision be set forth with a high degree of particularity.” (quotation omitted).
- In re the Marriage of: Nicholas John Kaminski v. Tammy Marie Hackett Minn. Ct. App. 2016
- In re the Marriage of: Nicholas John Kaminski v. Tammy Marie Hackett Minn. Ct. App. 2016
- In re the Matter of: Calvin James Omtvedt v. Amanda Marie Jansen Minn. Ct. App. 2015
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In re the Matter of: Calvin James Omtvedt v. Amanda Marie Jansen
Minn. Ct. App. 2015
Best interests “The guiding principle in all custody cases is the best interest of the child.”
- In Re the Custody of: M.-T. L. B. and S.-A. L. B. Rang Ngoc Bang v. Yenthao Thi … Minn. Ct. App. 2014
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In Re the Custody of: M.-T. L. B. and S.-A. L. B. Rang Ngoc Bang v. Yenthao Thi …
Minn. Ct. App. 2014
But, “[e]ven though the [district] court is given broad discretion in determining custody matters, it is important that the basis for the court’s decision be set forth with a high degree of particularity.” d 148, 151 (Minn. 1989) (quotation omitted).
- In re the Matter of: Ronald Lee Kish v. Kimberly Sue Wirth Minn. Ct. App. 2014
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In re the Matter of: Ronald Lee Kish v. Kimberly Sue Wirth
Minn. Ct. App. 2014
“[I]t is important that the basis for the [district] court’s decision be set forth with a high degree of particularity.” (quotation omitted).
- Ramirez v. Luna 830 N.W.2d 163 Minn. Ct. App. 2013
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Ramirez v. Luna
830 N.W.2d 163
Minn. Ct. App. 2013
Wallin v. Wallin, 290 Minn. 261, 266
- Marriage of Goldman v. Greenwood 748 N.W.2d 279 Minn. 2008
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Marriage of Goldman v. Greenwood
748 N.W.2d 279
Minn. 2008
District courts have “broad discretion in determining custody matters,” and we agree with the recognition of the court of appeals in Dailey v. Chermak “that there is no absolute prohibition under Minnesota law against awarding child custody on the condition of maintaining a specific geographic residence for the child, as long as that residence is shown clearly and genuin
- In Re the Child of Evenson 729 N.W.2d 632 Minn. Ct. App. 2007
- In Re the Child of Evenson 729 N.W.2d 632 Minn. Ct. App. 2007
- Hassinger v. Seeley 707 N.W.2d 706 Minn. Ct. App. 2006
- Hassinger v. Seeley 707 N.W.2d 706 Minn. Ct. App. 2006
- Johnson-Smolak v. Fink 703 N.W.2d 588 Minn. Ct. App. 2005
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Johnson-Smolak v. Fink
703 N.W.2d 588
Minn. Ct. App. 2005
custody of the child remained in a third party, despite the fact that the mother was not found to be unfit.
- Marriage of Schallinger v. Schallinger 699 N.W.2d 15 Minn. Ct. App. 2005
- Marriage of Schallinger v. Schallinger 699 N.W.2d 15 Minn. Ct. App. 2005
- Rodgers v. Knauff 649 N.W.2d 166 Minn. 2002
- In Re Custody of NAK 649 N.W.2d 166 Minn. 2002
- Rodgers v. Knauff 649 N.W.2d 166 Minn. 2002
- In Re Custody of NAK 649 N.W.2d 166 Minn. 2002
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Marriage of Matson v. Matson
638 N.W.2d 462
Minn. Ct. App. 2002
(child support); (parenting time); , 151 (Minn.1989) (custody); (recusal motion), review denied (Minn. Aug.
- J.W. ex rel. D.W. v. C.M. 627 N.W.2d 687 Minn. Ct. App. 2001
- J.W. ex rel. D.W. v. C.M. 627 N.W.2d 687 Minn. Ct. App. 2001
- Jw v. Cm 627 N.W.2d 687 Minn. Ct. App. 2001
- Mize v. Kendall 621 N.W.2d 804 Minn. Ct. App. 2001
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Mize v. Kendall
621 N.W.2d 804
Minn. Ct. App. 2001
Wallin, 290 Minn. at 265-66 , d at 630-31 ; State ex rel.
- LaChapelle v. Mitten 607 N.W.2d 151 Minn. Ct. App. 2000
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LaChapelle v. Mitten
607 N.W.2d 151
Minn. Ct. App. 2000
“The trial court has broad discretion to determine matters of custody.”
- Marriage of Gibson v. Gibson 471 N.W.2d 384 Minn. Ct. App. 1991
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Marriage of Gibson v. Gibson
471 N.W.2d 384
Minn. Ct. App. 1991
§ 518.-18(d)(i), (ii) & (iii) (1990); (applying analysis).
- In Re Petition for Disciplinary Action Against Ladd 463 N.W.2d 281 Minn. 1990
- In Re the Custody of M.A.L. 457 N.W.2d 723 Minn. Ct. App. 1990
- In Re the Custody of M.A.L. 457 N.W.2d 723 Minn. Ct. App. 1990
- Marriage of Westphal v. Westphal 457 N.W.2d 226 Minn. Ct. App. 1990
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Marriage of Westphal v. Westphal
457 N.W.2d 226
Minn. Ct. App. 1990
-53 (Minn.1989) (presumption favoring natural parent may be overturned only if “grave and weighty” reasons exist).