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Pikula v. Pikula

Supreme Court of Minnesota

374 N.W.2d 705 (1985)

Relevant factsFree

Kelly Jo Pikula (plaintiff) primarily cared for the couple's two young daughters and managed the home while Dana David Pikula (defendant) worked outside the home, but the marriage broke down amid Kelly's temper and Dana's chemical dependency; three independent social workers all recommended custody go to Kelly with reasonable visitation for Dana. The trial court instead awarded custody to Dana, reasoning his extended family was more stable and religious than Kelly's, and the court of appeals reversed, finding an abuse of discretion; Dana appealed to the Minnesota Supreme Court.

IssueFree

Whether, when both parents seek custody of a child too young to express a preference, custody should be awarded to whichever parent served as the child's primary caretaker, absent a showing that parent is unfit.

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