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Subdivision 1.Limits on parent's authority; hearing.
Except as otherwise agreed by the parties in writing at the time of the custody order, the parent with whom the child resides may determine the child's upbringing, including education, health care, and religious training, unless the court after hearing, finds, upon motion by the other parent, that in the absence of a specific limitation of the authority of the parent with whom the child resides, the child's physical or emotional health is likely to be endangered or the child's emotional development impaired.
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Subd. 2.Court order.
If both parents or all contestants agree to the order, or if the court finds that in the absence of the order the child's physical or emotional health is likely to be endangered or the child's emotional development impaired, the court may order the local social services agency or the department of court services to exercise continuing supervision over the case under guidelines established by the court to assure that the custodial or parenting time terms of the decree are carried out.
Notes of Decisions
Marriage of Tarlan v. Sorensen, 702 N.W.2d 915 (Minn. Ct. App. 2005).
· cites it 34× “But because appellant alleged facts that, if true, rise to a level of emotional endangerment and could impair the emotional development of the parties’ daughter, the district court erred by failing to hold a hearing under Minn.Stat. § 518.176, subd. 1 (2004). We therefore affirm…”
Marriage of Murray v. Murray, 367 N.W.2d 561 (Minn. Ct. App. 1985).
· cites it 10× “The family court relied upon Minn.Stat. §§ 518.176, subd. 2, 518.17, subd.”
Marriage of Lutzi v. Lutzi, 485 N.W.2d 311 (Minn. Ct. App. 1992).
· cites it 4× “3(b) (defining joint legal custody); cf Minn.Stat. § 518.176, subd. 1 (1990); Auge v.”
Novak v. Novak, 446 N.W.2d 422 (Minn. Ct. App. 1989).
· cites it 4× “” Minn.Stat. § 518.176, subd. 1 (1988) (the right of the “custodian” to determine the child’s upbringing).”
Larson v. Dunn, 460 N.W.2d 39 (Minn. 1990).
· cites it 2× “3 (custodial parent may not move child out-state if intent is to interfere with visitation rights) & subd.”
Chapman v. Chapman, 352 N.W.2d 437 (Minn. Ct. App. 1984).
· cites it 2× “The parties agreed to this provision in the original stipulation and neither requested that it be eliminated. The mother is particularly concerned that the children attend.”
Sharp v. Bilbro, 614 N.W.2d 260 (Minn. Ct. App. 2000).
· cites it 2× “” Thus, while Minn.Stat. § 518.176, subd. 6(c)(3), states fees may be recovered, we hold that the standard for evaluating such a request is that used for evaluating requests for 'conduct-based attorney fees under.”
In Re the Welfare of P.L.C., 384 N.W.2d 222 (Minn. Ct. App. 1986).
· cites it 2× “See Minn.Stat. § 518.176, subd. 1 (1984) (judicial supervision of custodial parent’s exercise of authority); Chapman v.”
Marriage of Tran Thi Ngoc Johnson v. Smith, 374 N.W.2d 317 (Minn. Ct. App. 1985).
· cites it 2× “1(e), which states the desirability of stability and continuity. As already reviewed, undisputed evidence indicates that this case involves a bright, happy child, and the adjustment of the child cannot be explained without regard for his family situation during the last eight…”
Meier v. Connelly, 378 N.W.2d 812 (Minn. Ct. App. 1985).
· cites it 2× “Minn.Stat. § 518.176, subd. 2 (1984), provides that supervised visitation may be ordered “if the court finds that in the absence of the order the child’s physical or emotional health is likely to be endangered or his emotional development impaired * * Here, the court found that…”
Marriage of Clark v. Bullard, 396 N.W.2d 41 (Minn. Ct. App. 1986).
· cites it 2× “” Supervised visitation may be ordered “if the court finds that in the absence of the order the child’s physical or emotional health is likely to be endangered or his emotional development impaired * * Minn.Stat, § 518.176, subd. 2 (1984). *46 Under both statutes, the key…”
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