Interest of R.K.

20020013 IN THE INTEREST OF R.K., A CHILD

Vince Ament, Petitioner
v.
R.K. (Child), M.R. (Mother), Respondents

D.K. (Father), Respondent and Appellant
and
M.R. and P.R. (Grandparents), Intervenors and Appellees

Appeal from: Juvenile Court, Southeast Judicial District, Stutsman County
Judge John E. Greenwood
Nature of Action: Juvenile Law
Counsel:
Appellant: Hardy, Maus & Nordsven, P.C.
Appellee: Merrick Law, PC
Term: 05/2002   Argument: 05/28/2002  Waived
ND cite: 2002 ND 111
NW cite: 646 N.W.2d 699


Issues: Appellant's Statement of the Issues:
I. Was it clearly erroneous for the juvenile court to fail to make specific findings of "exceptional circumstances" in deciding to place the minor child in the care of the grandparents over the natural father?
II. Even if there was evidence of "exceptional circumstances" to qualify the grandparents as "psychological parents", was it clearly erroneous for the juvenile court to place the minor child with the grandparents over the wishes of the natural parent without any findings that the child should be placed with the psychological parents to prevent serious detriment to the welfare of the minor child?

Appellee's Statement of the Issues:
I.Was it clearly erroneous for the juvenile court to fail to make specific findings of "exceptional circumstances" in deciding to place the minor child in the care of the grandparents over the natural father?
II.Even if the standard of "exceptional circumstances" applies to the juvenile court, was it clearly erroneous for the juvenile court to place the minor child with the grandparents over the wishes of the natural parent without specific findings that the child should be placed with the psychological parents to prevent serious harm or detriment to the welfare of the minor child?

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Docket entries:
101/15/2002 NOTICE OF APPEAL: 01/11/2002
201/15/2002 ORDER FOR TRANSCRIPT: 01/11/2002
302/07/2002 RECORD ON APPEAL
402/07/2002 TRANSCRIPT DATED December 11, 2001
502/08/2002 DISK - TRA of Dec. 11, 2001
602/08/2002 MOT. EXT/TIME TRANSCRIPT
702/08/2002 ACTION BY TRIAL COURT. Granted: 03/22/2002
803/05/2002 Letter dated 3-04-04 from William A. Mackenzie informing us that he will not be filing a brief on
903/05/2002 behalf of his former client(mother of R.K.). He also indicated his former client will rely upon
1003/05/2002 the arguments set forth by her parents' attorney, Ms. Schaar (DISTRIBUTE W/BRIEFS)
1103/19/2002 APPELLANT BRIEF
1203/19/2002 APPELLANT APPENDIX
1303/20/2002 DISK - ATB
1403/28/2002 Letter dated 3-26-02 from Aaron G. Birst, Asst. State's Attorney, informing us that Petitioner will
1503/28/2002 not be filing a brief nor making an appearance (DIST. W/BRIEFS)
1604/18/2002 APPELLEE BRIEF
1704/19/2002 DISK of AEB
1804/19/2002 MOTION to waive oral argument on behalf of AEs M.R. & P.R. (grandparents) letter dtd 4-18-02
1904/29/2002 ACTION BY SUPREME COURT (Mot. to waive OA on behalf of AE). Granted
2004/29/2002 Request for Radio/TV Coverage (AP) (e-mail dated 4-29-02 from Dale Wetzel (APPROVED)
2105/15/2002 MOTION to Waive Oral Argument (AT) (Letter dated 5-14-02 from Rhonda R. Ehlis)
2205/15/2002 ACTION BY SUPREME COURT. granted
2305/28/2002 APPEARANCES: submitted on brief (Vol. Y; Page 1)
2405/28/2002 ARGUED: submitted on brief
2507/11/2002 DISPOSITION: REVERSED AND REMANDED
2607/11/2002 UNANIMOUS OPINION: Kapsner, Carol Ronning
2707/15/2002 Order/Judgment Mailed to Parties
2808/02/2002 MANDATE
2908/06/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3006/17/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/29/2014