IN RE THE CUSTODY OF J.J.S.

No. A04-2477.

707 N.W.2d 706 (2006)

In re the CUSTODY OF J.J.S., minor child. Paul John Hassinger, petitioner, Appellant, v. Kerry Lynne Seeley, Respondent, County of Olmsted, Intervenor Respondent, State of Minnesota, Intervenor.

Court of Appeals of Minnesota.

January 3, 2006.


Attorney(s) appearing for the Case

Thomas B. James, Cokato, MN, for appellant.

Michael J. Spindler-Krage, Carole A. Pasternak, Klampe, Delehanty & Morris, Rochester, MN, for respondent Kerry Lynne Seeley.

Elizabeth L. Laroque, Senior Assistant County Attorney, Rochester, MN, for respondent County of Olmsted.

Ericka Sue Schneller Sullivan, St. Paul, MN, for intervenor Human Services Dept.

Mike Hatch, Attorney General, St. Paul, MN, for intervenor State of Minnesota.

Considered and decided by KALITOWSKI, Presiding Judge; TOUSSAINT, Chief Judge; and HALBROOKS, Judge.


OPINION

TOUSSAINT, Chief Judge.

Appellant challenges the district court's order denying his motion for a declaration that Minn.Stat. § 257.75 (2004) and Minn. Stat. § 257.541 (2004) are unconstitutional and that joint physical custody is preferred and the order awarding respondent sole physical custody of the parties' son. Because we see no error of law in the denial of appellant's motion and no abuse of discretion in the custody award, we affirm...

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