Schmidt v. Schmidt
MaLaura Schmidt, Plaintiff and Appellant
Warren A. Schmidt, Defendant and Appellee
North Central Judicial District,
Judge Everett Nels Olson
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||12/2002  Argument: 12/10/2002|
|ND cite:||2003 ND 55|
660 N.W.2d 196
Listen to recording of oral argument in MP3 format
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|
|25||05/12/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|