On February 27, the Minnesota Supreme Court granted review in Thornton v. Bosquez (No. A18-0223) and invited the MSBA to participate as an amicus. The case presents significant issues regarding the impact of domestic violence on child custody determinations. Notably, Minnesota was one of the earliest states to consider the factor of domestic abuse in child custody decisions, and ongoing revisions to Minnesota’s child custody statutes have continued to incorporate domestic abuse as an important consideration in child custody matters. In Thornton, the Minnesota Supreme Court will address—for the first time—the circumstances in which a parent who has committed domestic abuse may be awarded custody in light of Minnesota’s current statutory presumption against granting joint custody to parents where domestic violence has occurred.
In consultation with the MSBA’s Family Law Section, the MSBA accepted the Court’s invitation to participate as amicus, and will argue for affirming the decisions of the district court and court of appeals. Special thanks to Christopher Bowman and Michael Boulette, who were appointed by the Appellate Practice and Family Law Sections, respectively, to author a brief on behalf of the MSBA. Briefing is ongoing, with oral argument likely to occur sometime this summer.