Alissa Christine Beardsley v. Dante' Antonio Garcia, Jr.

Summary

The Minnesota Supreme Court considered whether a district court may award temporary parenting time in an order-for-protection proceeding to an unmarried father whose parentage was acknowledged through a recognition of parentage but had not been adjudicated. The court held that Minn. Stat. § 518B.01, subd. 6(a)(4), authorizes such an award and that the provisions governing recognition of parentage and parenting-time actions do not make chapter 518 the exclusive means of obtaining parenting time. The court affirmed the court of appeals and upheld the supervised temporary parenting-time award.

Holdings

1. Minn. Stat. § 518B.01, subd. 6(a)(4), unambiguously authorizes a district court issuing an order for protection to award temporary parenting time concerning the minor children of the parties, including to an unadjudicated father whose paternity has been acknowledged in a recognition of parentage.
2. The district court acted within its discretion by awarding Garcia two hours of supervised parenting time each week while giving primary consideration to the safety of Beardsley and the children.

Questions Presented

1. Whether Minn. Stat. § 518B.01, subd. 6(a)(4), authorizes a district court issuing an order for protection to award temporary parenting time to an unadjudicated father whose paternity has been acknowledged in a recognition of parentage.
2. Whether Minn. Stat. §§ 257.75, subd. 3, and 257.541, subd. 3, make a chapter 518 proceeding the exclusive means by which a recognition-of-parentage father may obtain parenting time or prohibit such an award in an order-for-protection proceeding.

Disposition

affirmed