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IN RE KAYACHITH

No. A04-424.

683 N.W.2d 325 (2004)

In re Bill KAYACHITH and Susan Kayachith, Petitioners In re the Custody of A.V.A., Bill and Susan Kayachith, Petitioners, v. Ratchaneewan and Vilaysack Athakhanh, Respondents, and Kaysone Athakhanh, Respondent.

Court of Appeals of Minnesota.

July 20, 2004.

Attorney(s) appearing for the Case

Robert J. Milavetz, Barbara Nilva Nevin, Joseph Anthony Rymanowski, Milavetz, Gallop & Milavetz, PA, Edina, MN, for petitioner.

Susan Claire Rhode, Moss & Barnett, PA, Minneapolis, MN, for respondents Ratchaneewan Athakhanh and Vilaysack Athakhanh.

Andrea K. Niemi, Niemi and Barr, Minneapolis, MN, for respondent Kaysone Athakhanh.

Considered and decided by TOUSSAINT, Chief Judge; PETERSON, Judge; and HARTEN, Judge.

SPECIAL TERM OPINION

TOUSSAINT, Chief Judge.

Melinda Athakhanh (mother) and Souvorachak Kayachith (father), and their child lived in the home of father's parents since the child was born in April 2000. In March 2003, while driving to Georgia to visit mother's family, mother and father were killed in a car accident. The child survived and continued to live with her paternal grandparents. The current dispute involves...

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