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In re Welfare of Children of D.L.O.

Court of Appeals of Minnesota

July 22, 2013

In the Matter of the Welfare of the Children of: D. L. O., J. J. B. and W. R. O., Parents.

UNPUBLISHED OPINION

Nicollet County District Court File Nos. 52-JV-12-8, 52-JV-10-283, 52-JV-12-70, 52-JV-10-284.

Anthony J. Larson, Rosengren Kohlmeyer Law Office, Chtd., Mankato, Minnesota (for appellant D.L.O.)

Grant D. Sanders, Sanders & Co., Ltd., Faribault, Minnesota (for respondent J.J.B.)

Kristine Hinds MacLean, Assistant Public Defender, Mankato, Minnesota (for respondent S.M.O.)

W.R.O., Faribault, Minnesota (pro se father)

Michelle M. Zehnder Fischer, Nicollet County Attorney, Jennifer L. Cooklock, Assistant County Attorney, St. Peter, Minnesota (for respondent Nicollet County)

Jane Schostag, St. Peter, Minnesota (guardian ad litem)

Considered and decided by Smith, Presiding Judge; Chutich, Judge; and Toussaint, Judge. [*]

CHUTICH, Judge

Appellant D.L.O. appeals the transfer of custody of her two biological children, S.M.O. and K.R.F., arguing (1) that the district court erred by not making findings required by Minnesota Statutes section 260C.201, subdivision 2 (2010); and (2) that the district court's findings under section 260C.201, subdivision 11 (2010) do not support transferring custody. Because section 260C.201, subdivision 11, governs this proceeding and the district court made the findings required by the subdivision, and because clear and convincing evidence supports the district court's findings, we affirm.

FACTS

S.M.O. was born in 1998 to D.L.O. and W.R.O., who were then married. After their divorce in 2001, D.L.O. and W.R.O. shared joint legal and physical custody of S.M.O. Another child, K.R.F., was born in 2004 to D.L.O. and another father, J.J.B. D.L.O. and J.J.B.'s relationship lasted until 2009, when J.J.B. moved out of the state, leaving K.R.F. with D.L.O.

In October 2010 a neighbor of D.L.O. called the North Mankato Police Department and complained of yelling and breaking dishes in D.L.O.'s apartment. D.L.O., D.B., who was D.L.O.'s boyfriend at the time, and K.R.F. were present when officers arrived. D.B. told the officers that D.L.O. had been drinking and ...


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