Preview
09-FA-18-179
Filed in District Court
State of Minnesota
2/7/2020 2:29 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARLTON SIXTH JUDICIAL DISTRICT
In re the marriage of Court File No. 09-FA-18-179
Tammi Anderson
Petitioner,
and
FINDINGS OF FACT
James Anderson AND ORDER
Respondent.
The above matter came on for Hearing, pursuant to a Motion for Change of
Custody, before the Honorable Rebekka L. Stumme on January 2, 2020. The Petitioner
appeared in person and was unrepresented. There was no appearance by Respondent.
The Court, after hearing from Petitioner, and upon all of the files and records
herein, makes the following:
FINDINGS OF FACT
1. Petitioner is Tammi Mae Anderson who was born May 28, 1974 and resides at
5584 Ranch Road, Moose Lake, Minnesota 55767.
2. Respondent is James Robert Anderson who was born March 11, 1975 and resides
at 2145 2nd Avenue West, Bradenten, Florida 34205.
3. Petitioner and Respondent were married on September 20, 2008 in St. Louis
County, Minnesota. On March 28, 2018, their marriage was dissolved per a
Judgement and Decree signed by the Carlton County District Court.
4. The parties have one minor child in common, Makenzie Anderson, born June 4,
2009.
5. The parties were granted joint legal and physical custody of Makenzie with 50/50
parenting time per the Judgement and Decree.
6. Petitioner filed the current Motion for Change of Custody on October 17, 2019,
seeking full legal and physical custody of Makenzie.
09-FA-18-179
Filed in District Court
State of Minnesota
2/7/2020 2:29 PM
7. On November 25, 2019, Petitioner served the Notice of Motion, Motion for
Change of Custody, and Supporting Affidavit, on Respondent by mail.
8. Minn. Stat. § 518.18(d) (2019) is applicable here and provides in relevant part that
the court shall not modify a prior custody order unless if finds that a change in
circumstances has occurred since the prior order and that modification is in the
best interests of the child. Specifically, per subdivision (d)(iv), the court must find
that the child’s present environment endangers her physical or emotional health or
impairs her emotional development and the harm likely to be caused by a change
of environment is outweighed by the advantage of a change to the child.
9. Petitioner, “as the party requesting the custody modification, has the burden of
proving preliminarily that a significant change in circumstances has taken place.”
Hunt v. Hunt, 381 N.W.2d 467, 469 (Minn. Ct. App. 1986) (citing Nice-Petersen
v. Nice-Petersen, 310 N.W.2d 471, 472 (Minn. 1981)).
10. Here, Petitioner asserts Respondent has moved from Minnesota to Florida and has
had no contact with Makenzie in over a year. Petitioner states she has no way of
communicating with Respondent in the event a decision needs to be made
regarding their daughter. Petitioner has been Makenzie’s primary caregiver.
11. At face value, these facts constitute a significant change in circumstances and
upon a consideration of the factors enumerated in Minn. Stat. § 518.17, it is in
Makenzie’s best interests that sole legal and physical custody be granted to
Petitioner, and that Respondent’s current parenting time privileges be revoked. As
Respondent currently has joint legal and physical custody of Makenzie, and
because Petitioner is unable to contact or communicate with Respondent
regarding important decisions in Makenzie’s life, the present environment puts
Makenzie’s health in danger.
12. Petitioner’s claims are buttressed by the fact that neither Respondent, nor anyone
on his behalf, have filed an Answer, a Responsive Motion, or otherwise appeared
in this matter.
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09-FA-18-179
Filed in District Court
State of Minnesota
2/7/2020 2:29 PM
Based upon the foregoing Findings of Fact, the Court makes the following:
ORDER
1. Petitioner’s Motion for Change of Custody is granted by default.
2. Petitioner Tammi Mae Anderson is awarded sole legal and physical custody of
Makenzie Anderson, born June 4, 2009.
3. The parenting time privileges granted Respondent in the March 28, 2018
Judgement and Decree are hereby revoked.
4. Any future parenting time for Respondent is hereby RESERVED.
BY THE COURT:
______________________________
Hon. Rebekka L. Stumme
Judge of District Court
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Preview
09-FA-18-179 Filed in District Court State of Minnesota 2/7/2020 2:29 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARLTON SIXTH JUDICIAL DISTRICT In re the marriage of Court File No. 09-FA-18-179 Tammi Anderson Petitioner, and FINDINGS OF FACT James Anderson AND ORDER Respondent. The above matter came on for Hearing, pursuant to a Motion for Change of Custody, before the Honorable Rebekka L. Stumme on January 2, 2020. The Petitioner appeared in person and was unrepresented. There was no appearance by Respondent. The Court, after hearing from Petitioner, and upon all of the files and records herein, makes the following: FINDINGS OF FACT 1. Petitioner is Tammi Mae Anderson who was born May 28, 1974 and resides at 5584 Ranch Road, Moose Lake, Minnesota 55767. 2. Respondent is James Robert Anderson who was born March 11, 1975 and resides at 2145 2nd Avenue West, Bradenten, Florida 34205. 3. Petitioner and Respondent were married on September 20, 2008 in St. Louis County, Minnesota. On March 28, 2018, their marriage was dissolved per a Judgement and Decree signed by the Carlton County District Court. 4. The parties have one minor child in common, Makenzie Anderson, born June 4, 2009. 5. The parties were granted joint legal and physical custody of Makenzie with 50/50 parenting time per the Judgement and Decree. 6. Petitioner filed the current Motion for Change of Custody on October 17, 2019, seeking full legal and physical custody of Makenzie. 09-FA-18-179 Filed in District Court State of Minnesota 2/7/2020 2:29 PM 7. On November 25, 2019, Petitioner served the Notice of Motion, Motion for Change of Custody, and Supporting Affidavit, on Respondent by mail. 8. Minn. Stat. § 518.18(d) (2019) is applicable here and provides in relevant part that the court shall not modify a prior custody order unless if finds that a change in circumstances has occurred since the prior order and that modification is in the best interests of the child. Specifically, per subdivision (d)(iv), the court must find that the child’s present environment endangers her physical or emotional health or impairs her emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child. 9. Petitioner, “as the party requesting the custody modification, has the burden of proving preliminarily that a significant change in circumstances has taken place.” Hunt v. Hunt, 381 N.W.2d 467, 469 (Minn. Ct. App. 1986) (citing Nice-Petersen v. Nice-Petersen, 310 N.W.2d 471, 472 (Minn. 1981)). 10. Here, Petitioner asserts Respondent has moved from Minnesota to Florida and has had no contact with Makenzie in over a year. Petitioner states she has no way of communicating with Respondent in the event a decision needs to be made regarding their daughter. Petitioner has been Makenzie’s primary caregiver. 11. At face value, these facts constitute a significant change in circumstances and upon a consideration of the factors enumerated in Minn. Stat. § 518.17, it is in Makenzie’s best interests that sole legal and physical custody be granted to Petitioner, and that Respondent’s current parenting time privileges be revoked. As Respondent currently has joint legal and physical custody of Makenzie, and because Petitioner is unable to contact or communicate with Respondent regarding important decisions in Makenzie’s life, the present environment puts Makenzie’s health in danger. 12. Petitioner’s claims are buttressed by the fact that neither Respondent, nor anyone on his behalf, have filed an Answer, a Responsive Motion, or otherwise appeared in this matter. 2 09-FA-18-179 Filed in District Court State of Minnesota 2/7/2020 2:29 PM Based upon the foregoing Findings of Fact, the Court makes the following: ORDER 1. Petitioner’s Motion for Change of Custody is granted by default. 2. Petitioner Tammi Mae Anderson is awarded sole legal and physical custody of Makenzie Anderson, born June 4, 2009. 3. The parenting time privileges granted Respondent in the March 28, 2018 Judgement and Decree are hereby revoked. 4. Any future parenting time for Respondent is hereby RESERVED. BY THE COURT: ______________________________ Hon. Rebekka L. Stumme Judge of District Court 3