Thornton v. Bosquez, A18-0223

Published: June 3, 2019, 3 p.m.

b'Appellant Matthew Thornton and respondent Jessica Bosquez are the parents of a child born in 2014. When the parties\\u2019 relationship ended, Thornton commenced a custody proceeding. Following a 2-day trial, the district court found that Bosquez had engaged in domestic abuse against Thornton, as defined in Minn. Stat. \\xa7 518B.01 (2018), but that the statutory presumption against joint custody had been rebutted with respect to joint physical custody. See Minn. Stat. \\xa7 518.17, subd. 1(b)(9) (2018) (stating that \\u201cthe court shall use a rebuttable presumption that joint legal custody or joint physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents\\u201d). After considering the best interests of the child, the district court awarded the parties joint physical custody and awarded Bosquez sole legal custody.\\n\\nThornton appealed. Among other arguments, he asserted that the district court had misapplied the presumption against joint custody in cases involving domestic abuse. The court of appeals affirmed.\\n\\nOn appeal to the supreme court, the following issues are presented: (1) whether the district court erred in applying the rebuttable presumption in Minn. Stat. \\xa7 518.17, subd. 1(b)(9); and (2) whether the district court\\u2019s findings of fact are in accord with the evidence and whether they support the conclusions of law. (Ramsey County)'