Schmidt v. Schmidt
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| 20020202 |
MaLaura Schmidt, Plaintiff and Appellant
v.
Warren A. Schmidt, Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Everett Nels Olson |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
12/2002 Argument: 12/10/2002 09:30am
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| ND cite: |
2003 ND 55
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| NW cite: |
660 N.W.2d 196
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
A. Did the trial court err in awarding custody to Warren Schmidt (1) when it primarily relied upon Warren's extended family as the reason custody should be with the father and (2) when it ignored the stability and continuity provided to the child by
the court determined primary caregiver (mother).
B. Visitation was erroneously decided and when Lauri, as primary caregiver, was given minimal visitation time by the trial court. Doing so resulted in a harm to the minor child.
C. Should attorney fees be awarded to Lauri for these proceedings.
Appellee's Statement of the Issues:
1.Whether, after conducting a thorough, seven page, factor-by-factor analysis of the statutory "best interest" factors, the trial court committed clear error in awarding custody to Warren Schmidt.
2.Whether the trial court's award of visitation was clearly erroneous where that award is nearly identical to all visitation schedules awarded most non-custodial parents.
3.Whether the trial court's award of $3,200 in attorney fees was clearly erroneous when no evidence was presented as to any attorney fees.
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| 1 | | 08/02/2002 | |
NOTICE OF APPEAL: 08/01/2002 |
| 2 | | 08/02/2002 | |
ORDER FOR TRANSCRIPT: 08/01/2002 |
| 3 | | 08/09/2002 | |
RETENTION OF RECORD ON APPEAL: 09/20/2002 |
| 4 | | 08/30/2002 | |
TRANSCRIPT DATED Sept. 26, 2001 and March 19 & 20, 2002 (marked Vols. I & II) |
| 5 | | 09/04/2002 | |
RECORD ON APPEAL (2 Vols.) and Exhibits |
| 6 | | 09/09/2002 | |
DISK - TRAs dated Sep. 26, 2001 & Mar. 19 & 20, 2002 |
| 7 | | 10/02/2002 | |
APPELLANT BRIEF |
| 8 | | 10/02/2008 | |
Addendum to Appellant's Brief |
| 9 | | 10/02/2002 | |
APPELLANT APPENDIX |
| 10 | | 10/02/2002 | |
DISK - ATB |
| 11 | | 11/01/2002 | |
APPELLEE BRIEF |
| 12 | | 11/01/2002 | |
DISK of AEB |
| 13 | | 11/01/2002 | |
MOTION to Strike and for Sanctions, Brief is Support, Affidavit in Support, & Cert./Serv.. RspDue: 11/12/2002 |
| 14 | | 11/06/2002 | |
Response to Motion for Sanctions |
| 15 | | 11/07/2002 | |
NO ACTION TAKEN (To be heard with merits) |
| 16 | | 12/10/2002 | |
Robert S. Rau and Chad C. Nodland |
| 17 | | 12/10/2002 | |
ARGUED: Rau and Nodland (Vol. Y; Page 62) |
| 18 | | 12/10/2002 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 04/15/2003 | |
DISPOSITION: AFFIRMED |
| 20 | | 04/15/2003 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 21 | | 04/15/2003 | |
(CONCUR IN RESULT): Maring, Mary Muehlen: CON/RES |
| 22 | | 04/15/2003 | |
Costs on appeal taxed in favor of appellee |
| 23 | | 04/16/2003 | |
Judgment Mailed to Parties |
| 24 | | 05/07/2003 | |
MANDATE |
| 25 | | 05/12/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |