## Facts

- August H. Schumm (father) and Brenda L. Schumm (mother) sought physical custody of their two children, ages 12 and 9, in a dissolution proceeding.
- Both parents were employed and maintained close relationships with the children.
- Although both parents were involved when the children were younger, the mother had primary responsibility for the children beginning in 1985 after the father began working as an over-the-road truck driver.
- At a custody hearing, the district court found the mother had a major mood disorder and a history of severe vascular headaches that interfered with her ability to function.
- The court found the mother’s condition resulted in the children having to care for her at times.
- The court found safety-related incidents connected to the mother’s functioning, including an automobile accident while she was driving with one of the children.
- The court also found the mother had dropped lighted cigarettes, creating a safety risk in the home.
- The mother received ongoing medical care and medication; the record showed she began taking lithium in February 1992 and that her mental health improved after starting that treatment.
- As part of the custody study, the mother participated in a chemical-dependency evaluation that noted potential chemical dependency and recommended a more intensive evaluation; she did not obtain the additional evaluation, citing lack of financial resources.
- Evidence at the hearing indicated the mother’s prescribed medications affected her daily functioning and contributed to employment and licensing problems, including loss of her licensed practical nurse (LPN) license and multiple jobs related to failures to properly account for medication.
- The record also showed her doctor later prescribed headache medication that did not contain codeine.
- The custody evaluator recommended that the father receive physical custody.
- The district court found the father had changed employment from over-the-road trucking to a day job to provide a more stable home schedule, and that he had strong family support, including after-school care with his brother’s family.
- The district court addressed statutory best-interest factors, including a finding on the children’s custodial preference, and awarded the father sole physical custody.
- The mother appealed, arguing the district court’s findings and custody decision were legally flawed, particularly as they related to her health conditions.

## Issues

1. Whether the district court made adequate, sufficiently specific findings under Minn. Stat. § 518.17 on the mother’s mental and physical health and the effect of those conditions on the children.
2. Whether the district court abused its discretion by awarding the father sole physical custody, given the mother’s role as primary caregiver and evidence of improvement with treatment.
3. Whether the district court misapplied the law by treating the mother’s mental or physical impairment as disqualifying, rather than considering it only to the extent it affected the children’s best interests.

## Decision

- The Court of Appeals affirmed the award of sole physical custody to the father.
- The court held the district court’s detailed findings on the mother’s health and functioning, and on the resulting impacts on the children and home safety, were supported by the record and satisfied the findings requirements associated with Minn. Stat. § 518.17.
- The court held the district court did not abuse its discretion in weighing the evidence, including the mother’s caregiving history and her improvement after beginning lithium, against the evidence of ongoing functional and safety concerns and the father’s increased availability and support system.
- The court rejected the mother’s claim that the district court misapplied statutory requirements relating to a parent’s health in custody disputes, explaining that the analysis properly focused on how the condition affected the children’s best interests.

## Legal Principles

- Custody determinations are reviewed for abuse of discretion; an appellate court will affirm when the district court applies the correct legal standard and its findings are supported by the record.
- Minn. Stat. § 518.17 requires the court to consider the child’s best interests using the statutory factors and to make findings that show it considered those factors.
- A parent’s mental or physical health is relevant in custody only to the extent it affects parenting capacity and the child’s best interests; a diagnosis alone is not determinative.
- When a district court makes detailed, record-based findings about the practical effects of a parent’s health conditions on the children’s care and safety, those findings satisfy the statutory requirement for specificity.
- Appellate courts defer to the district court’s weighing of evidence and credibility determinations in custody cases when supported by the record.

## Conclusion

Schumm v. Schumm affirmed a custody award to the father because the district court made detailed, record-supported best-interests findings showing that the mother’s mood disorder, headaches, and medication-related functioning problems created care and safety concerns for the children, while the father had adjusted his employment and arranged family-supported care that provided greater stability.


Schumm v. Schumm, 510 N.W.2d 13 (1993)