This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1996).
STATE OF MINNESOTA
IN COURT OF APPEALS
In Re the Marriage of: Denise Jane Graham, petitioner,
Scott Matthew Graham,
Filed September 23, 1997
Anoka County District Court
File No. F7965187
Marna L. Anderson, Jensen, Hicken, & Scott, P.A., 300 Anoka Office
Center, 2150 Third Ave. Anoka, MN 55303 (for Respondent)
Robert A Manson, 2006 First Avenue North Suite 205, Anoka MN 55303 (for
Considered and decided by Parker, Presiding Judge, Crippen, Judge and Short,
U N P U B L I S H E D O P I N I O N
Appellant Denise Graham challenges a trial court order that requires her to
provide one-way visitation transportation. We affirm.
The parties were divorced in 1996. Appellant is the custodial parent
of the couple's four-year-old daughter. Shortly after the divorce, respondent
was convicted of driving under the influence and lost his driving privileges.
Respondent moved to amend its prior visitation decision to require appellant to
transport their daughter to his home for visitation and to allow one of his
family members to provide return transportation. The trial court granted
respondent's motion and we affirm.
D E C I S I O N
Appellant's sole argument is that the court's order is "inequitable"
because respondent's transportation difficulties are due to his own misconduct.
But the trial court "shall" grant visitation rights "as will enable the child
and noncustodial parent to maintain a child to parent relationship that will be
in the best interests of the child." Minn. Stat. § 518.175, subd. 1(a)
(1996); see Minn. Stat. § 645.44, subd. 16 (1996)
("'[s]hall' is mandatory"). The court has broad discretion in deciding
visitation issues. Manthei v. Manthei, 268 N.W.2d 45, 46 (Minn.
1978). The trial court did not abuse its discretion when fulfilling its
obligation to promote visitation and to reject appellant's concern about
Appellant states no issue regarding the financial implications, if any, of the
altered visitation arrangement. See Ballard v. Wold, 486 N.W.2d
161, 162 (Minn. App. 1992) (reversing and remanding for findings a district
court order apportioning visitation expenses associated with a bi-weekly, 120
mile commute to non-custodial parent's residence). Nor has she asserted any
other cause for disturbing the court's decision.