ELGARD v. DUDLEY

No. C3-90-2715.

471 N.W.2d 681 (1991)

In Re the Matter of Tracy Lee ELGARD, Petitioner, Respondent, v. Cheryl Elaine DUDLEY, Appellant, and Jan Morrison, Intervenor, Respondent.

Court of Appeals of Minnesota.

June 11, 1991.


Attorney(s) appearing for the Case

Robert J. Lawton, St. Paul, for Tracy Lee Elgard.

John J. Todd, West St. Paul, for Cheryl Elaine Dudley.

Ragnhild Anne Westby, St. Paul, for Jan Morrison.

Considered and decided by FOLEY, P.J., and HUSPENI and AMUNDSON, JJ.


OPINION

FOLEY, Judge.

Appellant Cheryl Elaine Dudley challenges the trial court's application of Minn. Stat. § 518.18 (1990) to her motion for modification of joint physical custody and the trial court's refusal to hold an evidentiary hearing. We reverse and remand.

FACTS

Dudley (now age 24) and respondent Tracy Lee Elgard (now age 29) met in a halfway house when they were being treated for chemical dependency. They are the unmarried...

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