Niemann v. Niemann - No. 20060332
Case Summary
Lyle Niemann appeals from a district court order denying his motion for change of custody.
In 1998, Lyle and Heidi Niemann divorced and Heidi Niemann was granted custody of their two children. In June 2004, one of the children began to live with Lyle Niemann. In August 2005, Lyle Niemann brought a motion to change custody of the other child from Heidi Niemann to himself. At a pretrial conference in June 2006, the district court limited the parties to two hours to present their evidence, though counsel for both sides objected. At a hearing in July 2006, the district court found no significant change of circumstances to warrant a change in custody and Lyle Niemann's motion was denied.
Lyle Niemann argues the district court was clearly erroneous in finding no significant change of circumstances present to warrant a change of custody. He also argues the district court abused its discretion in limiting his case presentation to two hours.