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LEWIS-MILLER v. ROSS

No. A04-2224.

710 N.W.2d 565 (2006)

Gail LEWIS-MILLER, Respondent, v. Christopher ROSS, Appellant.

Supreme Court of Minnesota.

March 9, 2006.

Attorney(s) appearing for the Case

Paul A. Banker, Christine M. Middleton, Meghan M. Elliott, Lindquist and Vennum, PLLP, Minneapolis, MN, for Appellant.

Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg PA, Melissa D. Froehle, Central Minnesota Legal Services, Minneapolis, MN, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, RUSSELL A., Chief Justice.

Appellant Christopher Ross, the father of two minor children currently ages 11 and 3, sought dismissal of a petition by respondent Gail Lewis-Miller, the children's maternal aunt, for custody of the children under Minn.Stat. § 257C.03 (2004). The district court dismissed the petition without an evidentiary hearing. The court of appeals reversed and remanded for an evidentiary hearing. Concluding that the...

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