Court of Appeals of Minnesota July 12, 2005, A04-2224 (Lewis-Miller v. Ross)

OPINION

ROBERT H. SCHUMACHER, Judge.

Appellant Gail Lewis-Miller argues the district court misinterpreted Minn.Stat. § 257C.03 (2004) in dismissing her petition for custody of her nephews without an evidentiary hearing. We reverse and remand.

FACTS

Respondent Christopher Ross and his domestic partner Debra Lewis had a son, C.R., in 1994, and another son, M.R., in January 2003.