Eifert v. Eifert

20060069 Carol A. Eifert, Plaintiff and Appellant
v.
Michael L. Eifert, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Robert W. Holte
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Bosard, McCutcheon & Rau, Ltd.
Appellee: McGee, Hankla, Backes & Dobrovolny
Term: 09/2006   Argument: 09/22/2006  1:30pm
ND cite: 2006 ND 240
NW cite: 724 N.W.2d 109

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Issues: Appellant's Statement of the Issues:
1.Did the Court err on custody when it failed to find any exceptional circumstances that would allow custody to be with third persons while nominally with the father to the exclusion of the Plaintiff, mother.
2.Did the court erred in it's award of visitation when it failed to maintain a relationship between the visiting parent and the children that was in the children's best interest and when the Court designed visitation to favor contact with 3rd parties.

Appellee's Statement of the Issues:
1. Was the Trial Court's award of custody to the Defendant in this case clearly erroneous?
2 Does the Court's visitation schedule promote the best interest of the children?

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Docket entries:
103/14/2006 NOTICE OF APPEAL: 03/13/2006
203/14/2006 ORDER FOR TRANSCRIPT: 03/13/2006
304/12/2006 RECORD ON APPEAL (with separates (exhibits))
405/01/2006 MOT. EXT/TIME TRANSCRIPT (Caryn E. Nelson)
505/01/2006 ACTION BY TRIAL COURT (MTR). Granted: 05/10/2006
605/01/2006 TRANSCRIPT DATED 10-04-05
705/01/2006 DISK (e-mailed) - TRA dated 10-04-05
805/24/2006 APPELLANT BRIEF
905/24/2006 APPELLANT APPENDIX
1005/26/2006 DISK of ATB
1105/31/2006 8 white covers for the ATA
1206/26/2006 APPELLEE BRIEF
1306/26/2006 APPELLEE APPENDIX
1406/27/2006 DISK - aeb
1509/22/2006 APPEARANCES: Robert S. Rau; Jennifer M. Stanley
1609/22/2006 ARGUED: Rau; Stanley
1709/22/2006 ORAL ARGUMENT WEBCAST
1811/28/2006 DISPOSITION: AFFIRMED
1911/28/2006 UNANIMOUS OPINION: Sandstrom, Dale V.
2011/28/2006 Costs on appeal taxed in favor of appellee
2111/29/2006 Judgment Mailed to Parties
2212/27/2006 MANDATE
2312/29/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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