Rohmiller v. Hart
Minnesota Supreme Court
811 N.W.2d 585 (2012)
Andrew Hart (defendant) was in a relationship with the identical twin sister of Kelli Rohmiller (plaintiff). Hart lived together with Kelli Rohmiller’s sister and had a daughter, B.H. Hart was convicted of the malicious punishment of a child when B.H. was about one year old. B.H. and her mother moved to Iowa and lived with Clayton Rohmiller, B.H.’s maternal grandfather. Kelli Rohmiller lived with B.H. for about five weeks and saw B.H. for eight hours a month after those five weeks. After the mother of B.H. died, Hart successfully petitioned for custody of B.H. and moved to Minnesota. Hart refused to allow the Rohmillers to see B.H., and Clayton Rohmiller and Kelli Rohmiller petitioned for visitation. Hart and Clayton Rohmiller later agreed to visitation with B.H. located in Minnesota and with certain conditions. Although Hart conceded that Kelli could have visitation during Clayton’s visitation, Hart argued Kelli had no right to visitation with B.H. The district court granted Kelli with unsupervised visitation with B.H. Hart appealed, and the court of appeals reversed, holding aunts did not have right to visitation with B.H. under the appropriate statute. Kelli Rohmiller appealed.
Rule of Law
Holding and Reasoning (Gildea, C.J.)
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