In re. the Marriage of Mitsche v. Mitsche

A former wife sought review of the judgment of the district court, which awarded both parties joint legal custody but sole physical custody of the children to the former husband.  The mother appealed, arguing that the district court should have accorded more weight to the children’s numerous health problems and the effect of the respondent’s smoking may have on their health. The Minnesota Appeals Court affirmed the judgment of the trial court, ruling that, given the limited review an appellate court has over a trial court’s balancing of the best-interest-of-the-child consideration,  “the absence of evidence to indicate respondent’s smoking directly caused or contributed to the children’s health issues, and the statements considering and discussing respondent’s smoking, we conclude that the appellant has not carried her burden to show that the district court failed to appropriately weigh the effect of respondent’s smoking with respect to the best interests of the children.”.

2004 Minn. App. LEXIS 414