EDWARDS V. EDWARDS
777 N.W.2d 606 (2010)
NATURE OF THE CASE: Katherine Edwards (M) appeals a judgment awarding Robert Edwards (SF)
visitation and certain legal custody rights with M's daughter and SF's stepdaughter, as part
of a divorce action.
FACTS: M and SF first married in '1989 or 1990.' They divorced in September 1996. In
December 1996, M gave birth to K.A.E., whose biological father is not SF. In September 1997,
M and SF married for the second time. They had twins together in 2001. K.A.E. has lived with
M and SF since shortly after her birth and has minimal contact with her biological father.
They divorced again in 2008. The district court awarded SF the right to participate on an
equal basis in making major decisions concerning K.A.E.'s upbringing, including her
education, health care, and religious training; the right to mutually discuss and develop a
workable agreement concerning the education of K.A.E.; the right to attend educational
conferences concerning K.A.E.; the right to have reasonable access to K.A.E. by written,
telephonic, and electronic means; and the right to obtain necessary medical, psychological,
dental, and other health care services for K.A.E. The district court also conferred on M and
SF the duties to inform each other as soon as reasonably possible of a serious accident or
serious illness for which K.A.E. receives health care treatment and to immediately inform
each other of a change in residential telephone number and address. The district court
stated that during times when they are unable to agree on an appropriate course of action
for decisions concerning K.A.E., M, as primary physical custodian, will make the ultimate
decision. The district court also ordered that all rights and duties of SF are subservient
to those of K.A.E.'s biological father. M appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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