Parenting Time Evaluations - Minnesota Court of Appeals Case Brief: Miller v. Wright

Minnesota Family Law Case Update - Miller v. Wright

In a recent decision issued by the Minnesota Court of Appeals, the Court addressed parenting time evaluations and the circumstances where a parenting time evaluation can be ordered by a court. The full appellate order can be read here.

Generally speaking, a custody or parenting time evaluation is an investigation conducted either by a private evaluator or a member of a county’s court services department. In Hennepin County, Hennepin County Court Services provide custody and parenting time evaluation services, including providing investigators to delve into a family’s custody and parenting time case and provide recommendations to the court.

However, parenting time evaluations can be very costly, and often range between $5,000 and $10,000 in total cost. Although they are often effective and helpful for a judge to better understand a family’s situation, these costs can dissuade many parties from agreeing to have such an evaluation done.

In the Minnesota Court of Appeal’s recent decision in Miller v. Wright, the Court addressed the issue of when a Minnesota district court has the ability to order a parenting time evaluation. In Miller v. Wright, Appellant-Mother challenged the district court’s issuance of an order requiring the parties to complete a parenting time evaluation.

In this matter, Respondent-Father brought a motion to modify custody and parenting time, and also asked the court to order a custody evaluation. The district court denied Respondent-Father’s motion to modify custody, but did issue an order modifying parenting time. The district court then issued an order that the parties submit to a custody evaluation as well. Appellant-Mother objected to that order, noting that the district court had already denied the motion for custody modification. The district court changed its order and instead ordered a parenting time evaluation, despite having already issued an order about parenting time. Appellant-Mother then appealed.

The Court of Appeals noted that a district court has the authority to “order an investigation and report concerning custodial arrangements for the child in ‘custody proceedings.’” Minn. Stat. § 518.167, subd. 1. However, the district court does not have the authority to order such an investigation if there are not pending issues of custody or parenting time. Because in Miller v. Wright, the district court had already made its decisions on custody and parenting time, it no longer had the authority to order a parenting time evaluation as well. Therefore, the Minnesota Court of Appeals reversed the district court on that issue and ruled that a parenting time evaluation could not be ordered in that case.

Minnesota child custody and parenting time cases can provide numerous complexities, including issues surrounding parenting time or custody evaluations. If you are involved in a child custody or divorce matter, it is important to be fully informed concerning all of the options and possibilities present in such a case. The attorneys at RAM Law PLLC have extensive experience in the areas of divorce, child custody, and parenting time, and take pride in helping clients navigate the Minnesota child custody and parenting time process. If you have questions or are involved in such a proceeding, call our parenting time attorneys now or submit our convenient online form to schedule your free consultation.