Petition of Santoro

Citation578 N.W.2d 369
Decision Date06 May 1998
Docket NumberNo. C7-97-1526,C7-97-1526
PartiesIn re Petition of Louis SANTORO and Carole Santoro for Visitation, Pursuant to Minnesota Statutes 257.022.
CourtCourt of Appeals of Minnesota

Syllabus by the Court

1. Minn.Stat. § 257.022, subd. 1 (1996), which allows a court to order visitation between grandparents and grandchildren under certain circumstances, is not an unconstitutional imposition on the childrearing rights of the children's parents.

2. Section 257.022, subdivision 3, does not violate equal protection in allowing grandparents to petition for visitation with grandchildren adopted by their other grandparents but not with grandchildren adopted by others.

3. In a grandparent visitation action, a court may rely on a guardian ad litem's opinion that abuse allegations against the petitioning grandparents were either outdated or unsubstantiated and that the children's resistance to visitation resulted from their parents' hostility toward the grandparents.

4. In a grandparent visitation action, a court may properly consider the parents' prevention of contact with grandparents and the grandparents' inability to afford a lawyer as factors mitigating the lack of personal Carl E. Norberg, Saint Paul, for respondents Louis and Carole Santoro.

contact between the grandparents and the children.

Carl A. Blondin, Oakdale, for appellants Kenneth and Stella Borgstrom.

Timothy T. Ryan, Ryan Law Firm, Chisago City, for children.

Robert G. Rancourt, Rancourt Law Offices, Lindstrom, guardian ad litem.

Considered and decided by KLAPHAKE, P.J., and RANDALL and WILLIS, JJ.

OPINION

WILLIS, Judge.

Appellants Kenneth and Stella Borgstrom, the adoptive parents of their grandchildren, challenge the district court's grant of visitation to the children's other grandparents and assert that the grandparent visitation statute, Minn.Stat. § 257.022, subds. 1 and 3 (1996), is unconstitutional. We affirm.

FACTS

Michael Borgstrom and Lisa Santoro Borgstrom died in a 1987 automobile accident, leaving two children, A.N.B. and N.M.B. Michael Borgstrom's parents, appellants Kenneth and Stella Borgstrom (the Borgstroms), became guardians to the children and adopted them in 1992. The children are currently 14 and 12 years old.

Lisa Borgstrom ran away from the home of her parents, respondents Carole and Louis Santoro (the Santoros), when she was 16 years old. She petitioned to be placed in foster care and told two of her foster mothers that the Santoros had physically abused her, and when she married Michael Borgstrom, she told his parents the same thing. After A.N.B. and N.M.B. were born, Lisa Borgstrom told her former foster parents and several friends that she did not want the Santoros ever to have custody of her children. But according to family photos submitted into evidence by the Santoros, Lisa Borgstrom took her children to visit the Santoros on holidays.

The parties agree that Lisa Borgstrom ceased contact with her parents in the autumn of 1986, when her younger sister left the Santoros' home to live with Lisa and Michael Borgstrom. The sister testified that Carole Santoro regularly hit her and abused her emotionally. Lisa Borgstrom had not reconciled with her parents before her death.

During the process by which the Borgstroms obtained guardianship of the children, the Santoros requested visitation. The Borgstroms, who first met the Santoros at Michael and Lisa Borgstrom's funeral, said they would allow visitation only if it were ordered by the court. Carole Santoro testified that she and her husband did not pursue the issue at the time because they could not afford a lawyer. The Santoros attempted to send the children letters, cards, and presents by certified mail, but the Borgstroms intercepted and returned most of them unopened.

In 1994, seven years after they last saw the children, the Santoros brought this action seeking visitation. The Borgstroms responded by submitting numerous affidavits regarding Lisa Borgstrom's allegations of her abuse by the Santoros. The court appointed a guardian ad litem and ordered supervised visitation on a preliminary basis. The guardian contacted the social service agency that had placed Lisa Borgstrom in foster care and learned that all related documents had been destroyed. The guardian interviewed Lisa Borgstrom's sister and the other individuals who submitted affidavits on the Borgstroms' behalf, as well as interviewing the Santoros and some of their other children, and came to "the conclusion that these are safe grandparents to have grandchildren with." In 1996, the parties stipulated to a visitation schedule and to the appointment of a neutral visitation supervisor, but when the parties were unable to agree on who the supervisor should be, the court selected a supervisor suggested by the Borgstroms' counsel.

Both the guardian ad litem and the visitation supervisor described Kenneth Borgstrom as extremely hostile and controlling. The guardian ad litem reported that the Borgstroms regularly made disparaging comments about the Santoros in the children's presence. The guardian and the supervisor both reported that the children appeared to enjoy themselves during visits with the Santoros but that they began to act angry or depressed shortly before returning home; the guardian concluded that the Borgstroms' hostility made it impossible for the children to admit they enjoyed the visits. The guardian reported that A.N.B. was very interested in learning about her mother. All parties agreed that the children seemed to get along with other Santoro relatives who were present during most of the visits.

In September 1996, after ten visits, the Borgstroms cancelled a scheduled visit, telling the supervisor that N.M.B. had attempted to run away from home that morning to avoid visiting the Santoros. The Borgstroms produced A.N.B.'s written statement and N.M.B.'s affidavit, both stating that the children did not want further visitation, largely because they had their own lives to lead and resented having their schedules dictated by the court. At the guardian ad litem's suggestion, the court appointed an attorney for the children, who informed the court by letter that his clients wished to end visitation.

No visitation took place after September 1996, and in December the Borgstroms formally moved to end it. The district court held an evidentiary hearing in April 1997. One day before the hearing, the Borgstroms filed a motion raising a constitutional challenge to the grandparent visitation statute. At the hearing, the Borgstroms testified that the stress of unwanted visitation had caused family disruption and had affected the children's school performance. Through cross-examination, the Borgstroms elicited testimony that the guardian ad litem had little familiarity with the children's home and school lives. The district court allowed the guardian ad litem to offer an opinion on whether visitation would be in the best interests of the children but did not allow Lisa Borgstrom's former foster mother to offer a lay opinion.

The court found that the Borgstroms

have actively, vindictively and without reason obstructed any contact whatsoever between the Santoros and the minor children. * * * For no apparent reason there exists much animosity by the Borgstroms toward the Santoros * * *. Neither Kenneth Borgstrom nor Stella Borgstrom could testify as to any reason why the children should not be encouraged to visit and interact with the Santoros * * *.

The court made no mention of the abuse allegations in its findings, found the constitutional challenge to be "without merit," and ordered the guardian ad litem to prepare a visitation schedule for court approval. The court later modified the schedule on the ground that it was excessively complicated. The court denied the Borgstroms' motion for a stay of visitation pending appeal, but the children, through their attorney, informed the guardian ad litem that they "would not be exercising their visitation," prompting the guardian's resignation. We affirm the district court's judgment.

ISSUES

1. Did the district court err in determining that Minn.Stat. § 257.022, subds. 1 and 3, are constitutional?

2. Was the district court's grant of visitation based on a misinterpretation of the 1997 amendment to the statute?

3. Did the district court abuse its discretion in (a) finding that visitation would be in the best interests of the children, (b) finding that visitation would not undermine the parent-child relationship, or (c) failing to consider properly the amount of personal contact between the grandparents and the grandchildren?

4. Did the district court impermissibly delegate judicial power by directing the guardian ad litem to draft a visitation schedule?

ANALYSIS

This action is based on Minn.Stat. § 257.022 (1996), the relevant portions of which provide:

Subdivision 1. When parent is deceased. If a parent of an unmarried minor child is deceased, the parents * * * of the deceased parent may be granted reasonable visitation rights to the unmarried minor child during minority by the district * * * court upon finding that visitation rights would be in the best interests of the child and would not interfere with the parent[-]child relationship. The court shall consider the amount of personal contact between the parents * * * of the deceased parent and the child prior to the application.

* * * *

Subd. 3. Exception for adopted children. This section shall not apply if the child has been adopted by a person other than a stepparent or grandparent.

I. Constitutionality of the Statute

The Borgstroms argue that section 257.022, section 1, is an unconstitutional infringement on parental rights guaranteed by the Fourteenth Amendment to the United States Constitution and that section 3, by distinguishing between grandparents and other adoptive parents, violates the Equal Protection Clause. No appellate court has ruled on...

To continue reading

Request your trial
6 cases
  • Graville v. Dodge
    • United States
    • Arizona Court of Appeals
    • 28 Enero 1999
    ...684 N.E.2d at 233; Spradling v. Harris, 13 Kan.App.2d 595, 778 P.2d 365, 368 (1989); King, 828 S.W.2d at 632; Petition of Santoro, 578 N.W.2d 369, 381 (Minn.Ct.App.1998); Martin v. Coop, 693 So.2d 912, 915 (Miss.1997); Herndon v. Tuhey, 857 S.W.2d 203, 208 (Mo.1993); R.T., 650 A.2d at 16; R......
  • Hoff v. Berg
    • United States
    • North Dakota Supreme Court
    • 18 Junio 1999
    ...has repeatedly recognized a general right to freedom from governmental interference in childrearing decisions." Petition of Santoro, 578 N.W.2d 369, 374 (Minn.App.1998). Fundamental rights in the companionship, care, custody, and control of children "are considered implicit in the Due Proce......
  • Soohoo v. Johnson, A05-537.
    • United States
    • Minnesota Supreme Court
    • 10 Mayo 2007
    ...order. Affirmed in part, reversed in part. 1. To the extent the court of appeals applied intermediate scrutiny in In re Santoro, 578 N.W.2d 369, 376 (Minn.App.1998) (granting visitation rights to grandparents), it is 2. Subd. 7. Establishment of interference with parent and child relationsh......
  • LaChapelle v. Mitten
    • United States
    • Minnesota Court of Appeals
    • 14 Marzo 2000
    ...States Supreme Court has recognized a general freedom from governmental intrusion in child-rearing decisions. In re Petition of Santoro, 578 N.W.2d 369, 374 (Minn.App.1998) (citing Moore v. City of East Cleveland, 431 U.S. 494, 97 S.Ct. 1932, 52 L.Ed.2d 531 (1977); Wisconsin v. Yoder, 406 U......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT