Rohmiller v. Hart
2012 Minn. LEXIS 56
| Minn. | 2012Background
- Rohmiller is the identical twin of B.H.'s mother; the mother is deceased and Hart is B.H.'s custodial father.
- Hart injured B.H. as a child; Hart pled guilty to malicious punishment; Hart and B.H.'s mother moved to Iowa, then to Minnesota with Hart.
- After the mother's death, Hart obtained custody in an out-of-state proceeding and moved with B.H. to Minnesota; Rohmiller was initially denied access.
- Rohmiller and Clayton petitioned for visitation under Minn. Stat. § 257C.08; a Guardian Ad Litem and psychologists evaluated both parents.
- District court granted Rohmiller and Clayton unsupervised visitation; Court of Appeals reversed Rohmiller's visitation, and this Court granted review.
- This Court holds Rohmiller is not entitled to visitation under § 257C.08 or common law, and the district court erred in granting independent visitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 257C.08 authorizes Rohmiller's visitation over Hart's objection | Rohmiller asserts statute's broad scope authorizes her visitation | Hart contends she does not fit statutory categories | Not authorized by § 257C.08 |
| Whether § 257C.08 is ambiguous to permit extra-statutory visitation | Statute silence creates ambiguity | Statute plainly lists eligible parties; silence is not ambiguity | Statute is not ambiguous |
| Whether common-law in loco parentis supports Rohmiller's visitation | Common-law rights may extend visitation to nonparents | Rohmiller never stood in loco parentis with B.H. | No common-law right to visitation |
| Whether parens patriae equity allows independent visitation for Rohmiller over Hart's objection | Equity could support third-party visitation for B.H.'s welfare | Troxel/SooHoo require more than best-interests; objection by fit parent blocks | Court erred; no independent visitation under parens patriae |
Key Cases Cited
- Olson v. Olson, 534 N.W.2d 547 (Minn. 1995) (purpose of § 257C.08 to grant grandparents visitation)
- SooHoo v. Johnson, 731 N.W.2d 815 (Minn. 2007) (Troxel framework: special weight to custodial parent, no presumption of visitation, more than best-interests required)
- Troxel v. Granville, 530 U.S. 57 (S. Ct. 2000) (parental rights are fundamental; third-party visitation statutes must satisfy constitutional scrutiny)
- Simmons v. Simmons, 486 N.W.2d 788 (Minn. App. 1992) (in loco parentis doctrine interacts with § 257.022 (now § 257C.08))
- Burris v. Hiller, 258 Minn. 491, 104 N.W.2d 851 (Minn. 1960) (nonparent visitation right rooted in stipulations, not broad standalone right)