Justia Family Law Opinion Summaries

Cody Berdahl appealed a divorce judgment entered following a bench trial in his divorce action against Joleen Berdahl. He argued the district court erred in distributing the marital property, in ordering him to pay spousal support to Joleen, and in awarding Joleen credit for attorney’s fees. The North Dakota Supreme Court determined the trial court’s inclusion of property acquired after the parties’ separation was induced by an erroneous view of the law. Therefore, the court’s distribution of marital property was reversed and this issue remanded with instructions to assign value only to property that existed at the time of separation and to equitably distribute the property after taking into consideration the correct value of the marital estate. Further, because the district court’s order was “internally inconsistent” with regard to the award of attorneys’ fees, the Court remanded that issue for further consideration. The Court found no reversible error as to the award of spousal support, and affirmed as to that issue. View "Berdahl v. Berdahl" on Justia Law

A.L. appealed an order terminating his parental rights over A.C. A.L. argued the juvenile court erred in finding the Cass County Human Services Zone engaged in active efforts to prevent the breakup of an Indian family as required under the Indian Child Welfare Act (“ICWA”). A.L. also argued the State failed to prove beyond a reasonable doubt that continued custody of A.C. by A.L. would likely result in serious harm to A.C. The North Dakota Supreme Court retained jurisdiction and remanded for further factual findings on the ICWA requirements and North Dakota law as codified by N.D.C.C. 27-20.3-19. View "Interest of A.C." on Justia Law

S.P.L. appealed a judgment denying his petition to terminate M.T.’s parental rights and adopt K.M.T. He argued the district court erred in denying his request to terminate M.T.’s parental rights and failing to consider whether M.T.’s consent was required for an adoption proceeding. While the North Dakota Supreme Court did not find the district court’s findings were clearly erroneous, the district court erred in failing to make findings regarding whether M.T.’s consent was required in the adoption proceeding. Judgment was affirmed in part, reversed in part and remanded for further proceedings. View "In the Matter of the Adoption of K.M.T." on Justia Law

Derek Spitzer appealed a second amended judgment entered after he moved to amend a parenting judgment. Spitzer and Kate Anderson had a child, P.T.S., born in 2009. In 2010 the district court awarded Anderson primary residential responsibility and ordered Spitzer to pay child support. In 2013 Spitzer moved to amend the judgment and requested primary residential responsibility. The court awarded joint residential responsibility, but Spitzer had slightly more than 50% of the parenting time. The parties agreed to eliminate Anderson’s child support obligation based on Spitzer’s income and their agreement to share P.T.S.’s expenses. In this appeal, Spitzer argued the district court erred in awarding Anderson primary residential responsibility, claiming there was not a material change in circumstances that adversely affected P.T.S. or resulted in a general decline of P.T.S.’s condition. To this the North Dakota Supreme Court agreed and reversed judgment. View "Anderson v. Spitzer, et al." on Justia Law

Mark Rath appealed after the district court entered a third amended judgment in this divorce action from Kayla Rath (now Jones). After review, the North Dakota Supreme Court concluded the district court did not abuse its discretion in denying his motion in limine; in conducting the hearing; and in allowing written, but not oral, closing arguments. The Supreme Court affirmed the denial of his requests for new trial and recusal, and affirmed the third amended judgment. However, the Supreme Court determined the district court erred in denying his demand for a change of judge and erred in referring Jones’s motion for a vexatious litigant determination under N.D. Sup. Ct. Admin. R. 58 to the presiding judge, who had previously been disqualified in this case. The Court therefore vacated a May 2021 order determining Mark Rath a vexatious litigant. Furthermore, the Supreme Court held that Rath did not meet his burden to show his constitutional challenge to N.D. Sup. Ct. Admin. R. 58 had merit, so the Court exercised authority under N.D. Sup. Ct. Admin. R. 58(7) to determine Mark Rath was a vexatious litigant under the rule. View "Rath v. Rath, et al." on Justia Law

Bryon Updike appealed a divorce judgment, arguing the district court erred when it calculated child support and when it distributed the parties’ assets and debts. April Updike cross appealed, arguing the court erred when it failed to include a commencement date for the child support obligation. After review, the North Dakota Supreme Court found the district court did not err when it imputed income to Bryon for purposes of child support, and the court’s property and debt distribution was not clearly erroneous. The Supreme Court modified the judgment to include a child support commencement date that the parties agreed to on appeal, and affirmed the judgment as modified. View "Updike v. Updike, et al." on Justia Law

Chase Eikom appealed a second amended judgment entered after he moved to amend parenting time. He argued the district court erred in denying his request for parenting time on all major holidays and to extend time during the summer. Eikom also argued the court erred in establishing the requirement his parenting time be reduced if he misses four or more weekends in a year. Because the North Dakota Supreme Court could “discern the rationale behind the district court’s findings, and the findings are supported by the evidence, the court did not err.” Judgment was affirmed. View "Eikom v. Eikom" on Justia Law

Father J.R. appealed a juvenile court order finding his child, M.R., to be deprived; removing M.R. from the care, custody, and control of the parents; and placing M.R. with North Star Human Service Zone (“North Star”). Because M.R. was no longer a minor child and the order on appeal had expired, the North Dakota Supreme Court dismissed the appeal as moot. View "Interest of M.R." on Justia Law

Donald Burris appealed a district court order denying his motion to eliminate or reduce spousal support paid to Luann Burris. Donald argued the court erred: (1) in determining there had not been a material change in circumstances; (2) as a matter of law in not applying a 2015 statutory change; (3) in not considering his future retirement; and (4) in awarding Luann Burris attorney’s fees. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Burris v. Burris" on Justia Law

Joseph Schrodt appealed the judgment of divorce from Katie Schrodt. Joseph raised numerous issues including the district court’s denial of his request for a continuance, the court’s valuation of certain marital assets, the court’s calculation of child support, the court’s parenting plan, and the court’s award of attorney’s fees and costs to Katie. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Schrodt v. Schrodt, et al." on Justia Law