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IN RE CHILD OF EVENSON

No. A06-1217.

729 N.W.2d 632 (2007)

In re the Matter of the CHILD OF Emily EVENSON and Ryan Heinen, Parents.

Court of Appeals of Minnesota.

April 3, 2007.

Attorney(s) appearing for the Case

Richard E. Ziegler, Shoemaker & Ziegler, Detroit Lakes, MN, for appellant Emily Evenson.

DeAnn M. Pladson, Maring Williams Law Office, P.C., Fargo, ND, for respondents Kevin and Elizabeth Evenson.

Considered and decided by KALITOWSKI, Presiding Judge; HALBROOKS, Judge; and ROSS, Judge.

OPINION

ROSS, Judge.

Emily Evenson appeals from the denial of her custody-modification motion to regain legal and physical custody of her five-year-old son, D.E., from D.E.'s maternal grandfather and step-grandmother. Evenson argues that the district court failed to give due weight to the presumption of parental fitness enjoyed by a natural parent in a custody dispute with a nonparent. Because Evenson's presumption of parental fitness was overcome when the...

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