Rustad v. Baumgartner

Trevor Rustad appealed the district court's judgment granting primary residential responsibility of his two children to their mother, Mary Baumgartner, and setting a parenting time plan for Rustad. He argued the district court's judgment was clearly erroneous because the court did not include in its analysis or findings evidence that was beneficial to him or detrimental to Baumgartner. The North Dakota Supreme Court affirmed the judgment granting primary residential responsibility to Baumgartner but reversed the parenting time plan and remanded for further proceedings. “Rather than the findings of risk to physical or emotional harm to the child that may justify such restrictive parenting time, it appears the district court has affirmatively found the absence of such risks. Thus, we are left with a definite and firm conviction a mistake has been made, and conclude the district court's order regarding parenting time is clearly erroneous.” View "Rustad v. Baumgartner" on Justia Law