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Subdivision 1.Court order.
In contested custody proceedings, and in other custody proceedings if a parent or the child's custodian requests, the court may order an investigation and report concerning custodial arrangements for the child. If the county elects to conduct an investigation, the county may charge a fee. The investigation and report may be made by the county welfare agency or department of court services.
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Subd. 2.Preparation.
(a) In preparing a report concerning a child, the investigator may consult any person who may have information about the child and the potential custodial arrangements except for persons involved in mediation efforts between the parties. Mediation personnel may disclose to investigators and evaluators information collected during mediation only if agreed to in writing by all parties. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, school personnel, or other expert persons who have served the child in the past after obtaining the consent of the parents or the child's custodian or guardian.
(b) The report submitted by the investigator must:
(1) state the position of each party;
(2) consider and evaluate the factors in section 518.17, subdivision 1;
(3) include a detailed analysis of all information considered for each factor;
(4) state the investigator's recommendation and the reason for the recommendation; and
(5) reference established means for dispute resolution between the parties.
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Subd. 3.Availability to counsel.
The court shall mail the investigator's report to counsel and to any party not represented by counsel at least ten days before the hearing. The investigator shall maintain and, upon request, make available to counsel and to a party not represented by counsel the investigator's file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subdivision 2, and the names and addresses of all persons whom the investigator has consulted. The investigator and any person the investigator has consulted is subject to other pretrial discovery in accordance with the requirements of the Minnesota Rules of Civil Procedure. Mediation proceedings are not subject to discovery without written consent of both parties. A party to the proceeding may call the investigator and any person whom the investigator has consulted for cross-examination at the hearing. A party may not waive the right of cross-examination before the hearing.
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Subd. 4.Use at hearing.
The investigator's report may be received in evidence at the hearing.
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Subd. 5.Costs.
The court shall order all or part of the cost of the investigation and report to be paid by either or both parties, based on their ability to pay. Any part of the cost that the court finds the parties are incapable of paying must be borne by the county welfare agency or department of court services that performs the investigation. The court may not order costs under this subdivision to be paid by a party receiving public assistance or legal assistance from a qualified legal services program or by a party whose annual income falls below the poverty line under United States Code, title 42, section 9902(2).
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1984–2024 · leading case:
Zagaros v. Erickson, 558 N.W.2d 516 (Minn. Ct. App. 1997).
Zagaros v. Erickson, 558 N.W.2d 516 (Minn. Ct. App. 1997).
· cites it 4× “See Minn. Stat. § 518.167 , subd. 1 (1996) ("In contested custody proceedings * * * the court may order an investigation and report concerning custodial arrangements for the child.”
Marriage of Murray v. Antell, 361 N.W.2d 466 (Minn. Ct. App. 1985).
· cites it 4× “He contends the reports on the mother and stepfather were admissible as part of a custody report pursuant to Minn.Stat. § 518.167 (1982), or as business records pursuant to Minn.”
State v. Deal, 740 N.W.2d 755 (Minn. 2007).
· cites it 2× “2a (2006) (providing for the appointment of a guardian ad litem who is responsible for conducting an independent investigation of the child, advocating for the child’s best interests, and presenting written reports that include conclusions and recommendations for the child);…”
Johnson v. Lundell, 361 N.W.2d 125 (Minn. Ct. App. 1985).
· cites it 4× “Minn.Stat. § 518.167 (1982) governs investigation and reports concerning custodial arrangements for children.”
Silbaugh v. Silbaugh, 543 N.W.2d 639 (Minn. 1996).
· cites it 2× “John Silbaugh could have sought a court-ordered custody evaluation pursuant to Minn.Stat. § 518.167 (1994), but chose instead to proceed independently.”
Marriage of Meyer v. Meyer, 375 N.W.2d 820 (Minn. Ct. App. 1985).
· cites it 2× “In addition, Minn.Stat. § 518.167, subd. 1 specifically indicates that a court may order a home study “if a parent or the child’s custodian requests.”
Marriage of Tasker v. Tasker, 395 N.W.2d 100 (Minn. Ct. App. 1986).
· cites it 2× “He contends that court services personnel who served as both mediators and investigators in the child custody evaluation were allowed to testify in violation of Minn.Stat. § 518.167 (1984). He also argues that court services files were improperly incorporated into testimony and…”
Morey v. Peppin, 353 N.W.2d 179 (Minn. Ct. App. 1984).
· cites it 2× “Minn. Stat. § 518.167 (1) (1982). Appellant asserts the seriousness of his allegations on the custody issue support his claim that the trial court abused its discretion in proceeding without a social investigation.”
Marriage of Kremer v. Kremer, 827 N.W.2d 454 (Minn. Ct. App. 2013).
· cites it 2× “Minn. Stat. § 518.167 , subd. 1 (2012). In conducting the investigation, the custody evaluator “may consult any person who may have information about the child and the potential custodial arrangements,” including obtaining “information from medical, psychiatric, school…”
Vogt v. Vogt, 455 N.W.2d 471 (Minn. 1990).
· cites it 2× “” Minn.Stat. § 518.167, subd. 1 (1988). In this case Court Services went beyond consulting the parties separately and submitting a report.”
Rutanen v. Olson, 475 N.W.2d 100 (Minn. Ct. App. 1991).
· cites it 2× “In contested custody proceedings, * * * the court may order an investigation and report concerning custodial arrangements for the child.”
J.W. ex rel. D.W. v. C.M., 627 N.W.2d 687 (Minn. Ct. App. 2001).
· cites it 2× “” Minn. Stat. § 518.167 , subd. 1 (2000). The decision to order such a report will not be overturned absent an abuse of discretion.”
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