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PALMQUIST v. DEVENS

A17-0268.

907 N.W.2d 204 (2017)

Jeremiah John PALMQUIST, petitioner, Appellant, v. Stephanie Elizabeth DEVENS, Respondent, Joanne Mary Devens, Respondent.

Court of Appeals of Minnesota.

Filed December 26, 2017.

Attorney(s) appearing for the Case

Jacob M. Birkholz , Birkholz & Associates, LLC, Mankato, Minnesota (for appellant)

Stephanie Elizabeth Devens, Rock Hill, South Carolina (pro se respondent)

Meghan Maes , Julia Craig , Southern Minnesota Regional Legal Services, Inc., Mankato, Minnesota (for respondent Joanne Mary Devens)

Considered and decided by Reilly, Presiding Judge; Halbrooks, Judge; and Reyes, Judge.

OPINION

Appellant-father challenges the district court's decision to deny his motion to modify child support, arguing that the district court erred as a matter of law by concluding that father's child is not "in the custody of" father for purposes of Minn. Stat. § 518A.35, subd. 1(c). We reverse and remand for recalculation...

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