Christensen v. HealeyAnnotate this Case
The Supreme Court reversed the decision of the court of appeals reversing the district court’s denial of Father’s motion to increase his parenting time to every other week, holding that Father’s proposed modification was a de facto motion to modify physical custody, and therefore, the endangerment standard applied.
Father had parenting time every other weekend with his minor child, and, during summer months, the parties alternated weeks with the child. When Father brought a motion to expand the alternating week schedule to the entire year the district court treated the motion as a motion to modify physical custody. The court applied the endangerment standard in Minn. Stat. 518.18(d)(iv) and, finding that Father did not present a prima facie case of endangerment, denied the motion. The court of appeals reversed, holding that Father’s motion was no a motion to modify custody. The Supreme Court reversed, holding that Father’s motion was a substantial change that would modify the parties’ custody arrangement.