Jensen v. Jensen - No. 20120450
Roy Jensen appeals from a district court order denying his motion to amend a divorce judgment to change primary residential responsibility of the parties' child from Rebecca Jensen to him.
When Roy and Rebecca Jensen divorced in 2004 they were awarded joint legal and physical custody of their minor child. The divorce judgment was amended in 2007, and she was awarded primary physical custody of the child and he received visitation.
In 2011, Roy Jensen moved to amend the judgment and request for a hearing, seeking to change primary residential responsibility of the parties' then ten-year-old daughter from Rebecca Jensen to him. He claimed there had been a material change in circumstances because she had remarried and had moved with the child from Jamestown to Bismarck; the child in an affidavit expressed her desire to live with her father instead of her mother; and Rebecca Jensen had failed to properly care for and provide for the child. The district court concluded that Roy Jensen had failed to present a prima facie case that there had been a material change in circumstances warranting a change in primary residential responsibility and denied the motion to amend the judgment and request for a hearing.
Roy Jensen has appealed, arguing the district court erred in concluding that he had failed to present a prima facie case of a material change in circumstances warranting modification of primary residential responsibility.