Court Gives Parental Rights a Boost
“Court Gives Parental Rights a Boost” is a Pioneer Press article by Hannah Allam quoting Butler & Allen, P.A. partner Linda Allen.
Emphasizing the importance of parental rights, the Minnesota Supreme Court ruled Thursday that only in the most extraordinary circumstances should a child be removed from a surviving parent’s care if the other parent dies.
Family law attorneys said the decision erases some of the muddiness in the struggle over parental rights vs. a child’s best interest. In effect, the ruling means a non-parent should not be awarded custody simply because that person can offer a better life than the child’s parent.
The decision came in a Hennepin County case involving a man whose ex-wife died of complications from a heart transplant, leaving the couple’s 10-year-old daughter in the care of maternal relatives.
Robert J. Knauff has fought his former in-laws for custody of his daughter since the death in July 1999 of his ex-wife, Renee Montpetit. Thursday’s Supreme Court decision now makes it easier for Knauff to return to his role as the full-time father.
“The decision put my faith back in the judicial system,” said Knauff, 55, of Columbia Heights. “It’s not just for me – it’s for other people.”
About a week after his ex-wife’s funeral, Knauff showed up at 2 a.m. to take his daughter Natalie back to California, where he was living. The girl’s relatives balked and showed police a court order that allowed Knauff only supervised visits with his daughter.
The girl had lived with the family during her mother’s illness and attends a school near their home, according to court papers. The family told the judge Knauff had a drug and alcohol problem, had not held a steady job and rarely visited his daughter.
In an August 2000 custody trial, a Hennepin County judge granted permanent custody to the mother’s relatives. Although the judge agreed that Knauff was not an unfit parent and had not abandoned his child, the mother’s family was given sole custody of the girl because it was in her “best interest.” The judge allowed Knauff visitation only if he participated in an alcohol–treatment program and a parenting class. Knauff disputed those conditions.
Knauff argued that the district court decision “violated his constitutional right to the care, custody and control of his child,” according to court papers. The Minnesota Court of Appeals upheld the Hennepin County judge’s decision.
The Supreme Court overturned the opinion, ruling that the custody of a child automatically goes to the surviving parent except in extraordinary cases where such a move would not be in the child’s best interest.
Linda Allen, a St. Paul family law attorney, has watched Knauff’s case because she is representing a father in a nearly identical situation. “The man’s wife died and he is now embroiled in a custody fight with the grandparents of his 9-year-old child,” Allen said.
Although a recent legislative change could make it harder for outside parties to beat out parental rights in new cases, there are still “straggling” cases, such as Allen’s, that will benefit from the Supreme Court ruling.
“When I tell people about this case, they’re aghast,” Allen said. “Of course, we assume in this country that we can raise our own children.”
Knauff said the Supreme Court decision should remove most legal roadblocks in his case. The matter now returns to the district court for another round in the custody battle. He said he hopes his three year struggle ends with a new start as a family. “She’s my life,” Knauff said of his daughter. “What else is there?”