In Minnesota, child custody decisions are based on an evaluation of the best interests of the child. The court generally considers a number of factors when determining the best interests of the child, such as the wishes of the parents, the preference of the child and the mental and physical health of both parties. While the family court has significant latitude to make decisions in child custody matters, a parent has a right to request a review of that decision.
The Minnesota Court of Appeals recently reviewed a Stearns County District Court Judge's decision in a child custody matter after the judge made derogatory statements about biblical references to the proper role of wives in Christian homes. The wife in the matter was seeking to distance her children from her husband's religious beliefs. During the hearing, the judge reflected on her own experience with such views and expressed her disapproval.
In her decision, the lower court judge gave physical custody of the couple's three children to the wife. The husband and his attorney appealed the decision for a number of reasons, including the judges perceived bias against his religious views. Despite devoting a considerable amount of text to the judge's statements, the Appellate Court ultimately found that her final decision was not distorted or effected by the opinions she expressed at trial.
Like most cases that end up before the court, child custody decisions are subject to review by a court of appeals. The role of the court of appeals is to review what took place in the lower court and to identify potential errors of law. If the appellate court finds that an error of law did in fact take place, and that the error may have effected the outcome of the case, the court can reverse the decision, sending it back to the lower court for a new hearing.
Source: Star Tribune, "Bible verse prompts appeal of Stearns County child custody case," Jeremy Olson, April 11, 2013
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