Arneson v. Arneson

670 N.W.2d 904 (2003)

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Nature of the Case

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Facts

H and W married on March 28, 1998. Their only child, Grace, was born on September 24, 1998. When H was six months old, he was diagnosed with cerebral palsy. At birth, he suffered a lack of oxygen caused by a physician's negligence. H now receives monthly personal injury payments for life. He uses a wheelchair and a personal attendant. He does not consider himself 'confined' to a wheelchair. He feeds and bathes himself. H hires personal assistants to make his life easier and improve the quality of my life. H suffers no disability of intellect. H is dedicated to Grace. W is equally devoted. When Grace was still in diapers, W worked a night shift from 11:00 p.m. to 7:00 a.m., leaving Grace at home alone with H. During these absences, Grace was already asleep and she slept through the night. Grace was an infant and not able to climb out of her crib. W was only eight blocks away from the residence and had made arrangements with her supervisor to leave if there was an emergency. H could call on a neighbor for help when needed. H did call on neighbors to assist with diaper changes on occasions when W ran errands. H's attendant later testified that H bathed, dressed, and fed his daughter. The attendant thought that any concerns about H's inability to react in an emergency situation were unfounded. The attendant believed that H was more active in parenting than W. H's attendant later testified that H bathed, dressed, and fed his daughter. The attendant thought that any concerns about H's inability to react in an emergency situation were unfounded. The attendant believed that H was more active in parenting than W. During the pendency of this appeal H married Edith. Edith provides daycare for six children in H's home. A custody evaluation found that H always has someone with him to take care of him should he need assistance. This person also cares for Grace when needed. The custody evaluation by Zimbelman favored W. W's annual income is $21,932. H receives $88,800 from his structured personal injury settlement. The trial court awarded joint legal custody to the parents, with W as the primary physical custodian. H was ordered to pay monthly child support of $938. H appealed.