The court may interview the child in chambers to ascertain the child's reasonable preference as to custodian, if the court deems the child to be of sufficient age to express preference. The court shall permit counsel to be present at the interview and shall permit counsel to propound reasonable questions to the child either directly or through the court. The court shall cause a record of the interview to be made and to be made part of the record in the case unless waived by the parties.
In contested custody proceedings, and in other custody proceedings if a parent or the child's custodian requests, the court may seek the recommendations of professional personnel whether or not they are employed on a regular basis by the court. The recommendations given shall be in writing and shall be made available by the court to counsel upon request. Counsel may call for cross-examination of professional personnel consulted by the court.
Notes of Decisions
Cited in
12
cases, 1984–2016 · leading case:
State v. Deal, 740 N.W.2d 755 (Minn. 2007).
State v. Deal, 740 N.W.2d 755 (Minn. 2007).
· cites it 4× “See Minn. Stat. § 518.166 (2006) (permitting the court to "interview the child in chambers to ascertain the child's reasonable preference as to custodian”); Minn.”
In Re Custody of NAK, 649 N.W.2d 166 (Minn. 2002).
· cites it 2× “17 includes as a factor "except in cases in which a finding of domestic abuse * * * has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.”
Marriage of Smith v. Smith, 425 N.W.2d 854 (Minn. Ct. App. 1988).
· cites it 10× “The attorneys were also not permitted to submit questions, contrary to the provisions of Minn. Stat. § 518.166 . The trial court did take notes during the interview held in June of 1987, which are part of the trial court file but not incorporated into any factual findings.”
Marriage of Rinker v. Rinker, 358 N.W.2d 165 (Minn. Ct. App. 1984).
· cites it 2× “The parties dispute whether the fruits of those interviews were properly considered by the court.”
Madgett v. Madgett, 360 N.W.2d 411 (Minn. Ct. App. 1985).
· cites it 2× “An interview is not the only way to determine a child’s preference. Husband’s affidavit recites at length the concerns expressed to him by Jay and Robyn.”
Marriage of Knott v. Knott, 418 N.W.2d 505 (Minn. Ct. App. 1988).
· cites it 2× “See Minn.Stat. § 518.166 (1986). See also Madgett v.”
Rodgers v. Knauff, 649 N.W.2d 166 (Minn. 2002).
· cites it 2× “17 includes as a factor "except in cases in which a finding of domestic abuse ⅜ ⅜ * has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.” Section 257.025 lacks a comparable factor.”
Marriage of Cepek v. Cepek, 684 N.W.2d 521 (Minn. Ct. App. 2004).
“Minn.Stat. 518.166 (2002). In such proceedings, the court may order an investigation and report concerning custodial arrangements for the child.”
S.G.K. v. K.S.K., 374 N.W.2d 525 (Minn. Ct. App. 1985).
· cites it 2× “Father reserved the right to make a motion pursuant to Minn.Stat. § 518.166 (1984) to be present and participate in an interview with the children in the event the court ruled against his visitation request.”
In re the Marriage of: Nathan Francis Gregor v. Dawn Marie Buttera Gregor (Minn. Ct. App. 2016).
· cites it 3× “without complying with the requirements of Minn. Stat. § 518.166 , which states: The court may interview the child in chambers to ascertain the child’s reasonable preference as to custodian, if the court deems the child to be of sufficient age to express preference.”
Sgk v. Ksk, 374 N.W.2d 525 (Minn. Ct. App. 1985).
· cites it 2× “Father reserved the right to make a motion pursuant to Minn.Stat. § 518.166 (1984) to be present and participate in an interview with the children in the event the court ruled against his visitation request.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.