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In re the Marriage of: Greda Lynn v. Tracey Joe McConnell
Date: 12-12-2022
Case Number: A21-1614
Judge: Bratvold
Court: Court of Appeals of Minnesota on appeal from the District Court, Hennepin County
Plaintiff's Attorney:
Click Here to Watch How To Find A Lawyer by Kent Morlan
Click Here For The Best Minneapolis Family Law Lawyer Directory
If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer.
Defendant's Attorney: Pro Se
Description:
Minneapolis, Minnesota family law lawyer represented Petitioner who sued Respondent seeking modification of custody.
Appellant Greda Lynn (mother) and respondent Tracey McConnell (father) married in February 2016, and their son was born that September. In February 2017, mother petitioned the district court for dissolution of the marriage. Consistent with the parties' agreement, the district court awarded the parties joint legal custody and mother sole physical custody.[1] In June 2018, the district court dissolved the parties' marriage and set a parenting-time schedule. Father, who lives in Harvey, North Dakota, exercised parenting time every other weekend, either in Minnesota or North Dakota, and had extended time over holidays and during the summer. Mother lives in Minneapolis.
         In February 2021, father moved to modify physical custody of four-year-old son based on endangerment and offered the following evidence: son's expulsion from daycare, son's statements about poisoning teachers, son bringing a knife to school, son's exposure to R-rated scary movies while in mother's care, mother locking son in the bathroom as punishment, and mother's efforts to conceal son's behavioral issues from father. Mother opposed custody modification, moved to discharge the parenting-time expeditor (PTE),
Appellant Greda Lynn (mother) and respondent Tracey McConnell (father) married in February 2016, and their son was born that September. In February 2017, mother petitioned the district court for dissolution of the marriage. Consistent with the parties' agreement, the district court awarded the parties joint legal custody and mother sole physical custody.[1] In June 2018, the district court dissolved the parties' marriage and set a parenting-time schedule. Father, who lives in Harvey, North Dakota, exercised parenting time every other weekend, either in Minnesota or North Dakota, and had extended time over holidays and during the summer. Mother lives in Minneapolis.
         In February 2021, father moved to modify physical custody of four-year-old son based on endangerment and offered the following evidence: son's expulsion from daycare, son's statements about poisoning teachers, son bringing a knife to school, son's exposure to R-rated scary movies while in mother's care, mother locking son in the bathroom as punishment, and mother's efforts to conceal son's behavioral issues from father. Mother opposed custody modification, moved to discharge the parenting-time expeditor (PTE), and moved to partially vacate the December 29, 2020 PTE decision that son be in full-time daycare. The district court determined that father presented a prima facie case of endangerment and set the motions for an evidentiary hearing.
         In November 2021, after the evidentiary hearing, the district court issued a written decision finding father established a change of circumstances and that son was endangered in mother's care, "warranting reconsideration of custody and parenting time." The district court modified physical custody after determining that "the advantage of a change" in son's environment outweighed "the harm likely to be caused [to son] by a change in environment." The district court considered "the relevant factors set forth in Minn. Stat. § 518.17, subd. 1," and concluded that son's "best interests [were] not being served while in [mother's] care." The district court ordered that father have sole physical custody and designated father's home in Harvey as son's primary residence; joint legal custody of son remained unchanged. The district court also revised the parenting-time schedule by giving mother certain weekends, holidays, and 15-day periods over the summer.
Mother appealed.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of In re the Marriage of: Greda Lynn v. Tracey Joe McConnell?
The outcome was: Affirmed
Which court heard In re the Marriage of: Greda Lynn v. Tracey Joe McConnell?
This case was heard in Court of Appeals of Minnesota on appeal from the District Court, Hennepin County, MN. The presiding judge was Bratvold.
Who were the attorneys in In re the Marriage of: Greda Lynn v. Tracey Joe McConnell?
Plaintiff's attorney: Click Here to Watch How To Find A Lawyer by Kent Morlan
Click Here For The Best Minneapolis Family Law Lawyer Directory
If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer.. Defendant's attorney: Pro Se.
When was In re the Marriage of: Greda Lynn v. Tracey Joe McConnell decided?
This case was decided on December 12, 2022.
Defendant's Attorney: Pro Se
Description:
Minneapolis, Minnesota family law lawyer represented Petitioner who sued Respondent seeking modification of custody.
Appellant Greda Lynn (mother) and respondent Tracey McConnell (father) married in February 2016, and their son was born that September. In February 2017, mother petitioned the district court for dissolution of the marriage. Consistent with the parties' agreement, the district court awarded the parties joint legal custody and mother sole physical custody.[1] In June 2018, the district court dissolved the parties' marriage and set a parenting-time schedule. Father, who lives in Harvey, North Dakota, exercised parenting time every other weekend, either in Minnesota or North Dakota, and had extended time over holidays and during the summer. Mother lives in Minneapolis.
         In February 2021, father moved to modify physical custody of four-year-old son based on endangerment and offered the following evidence: son's expulsion from daycare, son's statements about poisoning teachers, son bringing a knife to school, son's exposure to R-rated scary movies while in mother's care, mother locking son in the bathroom as punishment, and mother's efforts to conceal son's behavioral issues from father. Mother opposed custody modification, moved to discharge the parenting-time expeditor (PTE),
Appellant Greda Lynn (mother) and respondent Tracey McConnell (father) married in February 2016, and their son was born that September. In February 2017, mother petitioned the district court for dissolution of the marriage. Consistent with the parties' agreement, the district court awarded the parties joint legal custody and mother sole physical custody.[1] In June 2018, the district court dissolved the parties' marriage and set a parenting-time schedule. Father, who lives in Harvey, North Dakota, exercised parenting time every other weekend, either in Minnesota or North Dakota, and had extended time over holidays and during the summer. Mother lives in Minneapolis.
         In February 2021, father moved to modify physical custody of four-year-old son based on endangerment and offered the following evidence: son's expulsion from daycare, son's statements about poisoning teachers, son bringing a knife to school, son's exposure to R-rated scary movies while in mother's care, mother locking son in the bathroom as punishment, and mother's efforts to conceal son's behavioral issues from father. Mother opposed custody modification, moved to discharge the parenting-time expeditor (PTE), and moved to partially vacate the December 29, 2020 PTE decision that son be in full-time daycare. The district court determined that father presented a prima facie case of endangerment and set the motions for an evidentiary hearing.
         In November 2021, after the evidentiary hearing, the district court issued a written decision finding father established a change of circumstances and that son was endangered in mother's care, "warranting reconsideration of custody and parenting time." The district court modified physical custody after determining that "the advantage of a change" in son's environment outweighed "the harm likely to be caused [to son] by a change in environment." The district court considered "the relevant factors set forth in Minn. Stat. § 518.17, subd. 1," and concluded that son's "best interests [were] not being served while in [mother's] care." The district court ordered that father have sole physical custody and designated father's home in Harvey as son's primary residence; joint legal custody of son remained unchanged. The district court also revised the parenting-time schedule by giving mother certain weekends, holidays, and 15-day periods over the summer.
Mother appealed.
Appellant Greda Lynn (mother) and respondent Tracey McConnell (father) married in February 2016, and their son was born that September. In February 2017, mother petitioned the district court for dissolution of the marriage. Consistent with the parties' agreement, the district court awarded the parties joint legal custody and mother sole physical custody.[1] In June 2018, the district court dissolved the parties' marriage and set a parenting-time schedule. Father, who lives in Harvey, North Dakota, exercised parenting time every other weekend, either in Minnesota or North Dakota, and had extended time over holidays and during the summer. Mother lives in Minneapolis.
         In February 2021, father moved to modify physical custody of four-year-old son based on endangerment and offered the following evidence: son's expulsion from daycare, son's statements about poisoning teachers, son bringing a knife to school, son's exposure to R-rated scary movies while in mother's care, mother locking son in the bathroom as punishment, and mother's efforts to conceal son's behavioral issues from father. Mother opposed custody modification, moved to discharge the parenting-time expeditor (PTE),
Appellant Greda Lynn (mother) and respondent Tracey McConnell (father) married in February 2016, and their son was born that September. In February 2017, mother petitioned the district court for dissolution of the marriage. Consistent with the parties' agreement, the district court awarded the parties joint legal custody and mother sole physical custody.[1] In June 2018, the district court dissolved the parties' marriage and set a parenting-time schedule. Father, who lives in Harvey, North Dakota, exercised parenting time every other weekend, either in Minnesota or North Dakota, and had extended time over holidays and during the summer. Mother lives in Minneapolis.
         In February 2021, father moved to modify physical custody of four-year-old son based on endangerment and offered the following evidence: son's expulsion from daycare, son's statements about poisoning teachers, son bringing a knife to school, son's exposure to R-rated scary movies while in mother's care, mother locking son in the bathroom as punishment, and mother's efforts to conceal son's behavioral issues from father. Mother opposed custody modification, moved to discharge the parenting-time expeditor (PTE), and moved to partially vacate the December 29, 2020 PTE decision that son be in full-time daycare. The district court determined that father presented a prima facie case of endangerment and set the motions for an evidentiary hearing.
         In November 2021, after the evidentiary hearing, the district court issued a written decision finding father established a change of circumstances and that son was endangered in mother's care, "warranting reconsideration of custody and parenting time." The district court modified physical custody after determining that "the advantage of a change" in son's environment outweighed "the harm likely to be caused [to son] by a change in environment." The district court considered "the relevant factors set forth in Minn. Stat. § 518.17, subd. 1," and concluded that son's "best interests [were] not being served while in [mother's] care." The district court ordered that father have sole physical custody and designated father's home in Harvey as son's primary residence; joint legal custody of son remained unchanged. The district court also revised the parenting-time schedule by giving mother certain weekends, holidays, and 15-day periods over the summer.
Mother appealed.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of In re the Marriage of: Greda Lynn v. Tracey Joe McConnell?
The outcome was: Affirmed
Which court heard In re the Marriage of: Greda Lynn v. Tracey Joe McConnell?
This case was heard in Court of Appeals of Minnesota on appeal from the District Court, Hennepin County, MN. The presiding judge was Bratvold.
Who were the attorneys in In re the Marriage of: Greda Lynn v. Tracey Joe McConnell?
Plaintiff's attorney: Click Here to Watch How To Find A Lawyer by Kent Morlan Click Here For The Best Minneapolis Family Law Lawyer Directory If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer.. Defendant's attorney: Pro Se.
When was In re the Marriage of: Greda Lynn v. Tracey Joe McConnell decided?
This case was decided on December 12, 2022.