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JOHNSON-SMOLAK v. FINK

No. A05-52.

703 N.W.2d 588 (2005)

Joyce A. JOHNSON-SMOLAK, n/k/a Joyce A. Johnson, petitioner, Respondent, v. Jared Pahl FINK, Appellant.

Court of Appeals of Minnesota.

September 20, 2005.

Attorney(s) appearing for the Case

Susan A. Daudelin, Katz, Manka, Teplinsky, Due & Sobol, Ltd., Minneapolis, MN, for respondent.

Tracy I. Nightingale, Nightingale Law Office, St. Louis Park, MN. for appellant.

Considered and decided by KLAPHAKE, Presiding Judge, TOUSSAINT, Chief Judge, and WILLIS, Judge.

OPINION

KLAPHAKE, Judge.

Appellant Jared Pahl Fink, the father of M.R.F., and respondent Joyce A. Johnson, M.R.F.'s maternal grandmother, stipulated to joint legal and physical custody of M.R.F. after his mother died in 1996. In 2003, both parties moved to modify custody: appellant sought sole legal and physical custody of M.R.F., while respondent sought sole physical custody or, in the alternative, sole legal and physical custody of M.R.F. Following an...

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