Hartleib v. Simes
and Cross-Appellant
v.
Ashley Simes, n/k/a Ashley
Farrell,and Susan Simes,
Guardian of L.S.,
a minor child, Defendants, Appellants
and Cross-Appellees
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Guardian ad Litem for L.S.,
a minor child, Wayne D. Goter,
Attorney at Law, Defendant and Appellee
Judge David E. Reich
| Appellant: | Suzanne Marie Schweigert | |
| Appellant: | Tracy JoHanna Lyson | |
| Appellee: | Brenda A. Neubauer | |
| Appellee: | Wayne D. Goter |
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I. Whether the Trial Court erred in denying the Appellants their due process rights
II. Whether the Trial Court Erred in Denying Appellants Motions to Vacate the Protective Order
III. Whether the Trial Court erred in terminating the Guardianship
IV. Whether the Trial Court was clearly erroneous in awarding custody of the minor child to Brock Hartleib
V. Whether the Trial Court erred in awarding minimal and restrictive visitation to Susan
VI. Whether the Trial Court erred in granting the Petition for Change of Name
Appellee's Statement of the Issues:
Guardian ad Litem Issues
1. Whether this Court has jurisdiction to review the trial court's protective order of July 25, 2007 and subsequent order of December 12, 2007, denying the appellant's motion to vacate the protective order.
2. Whether the appellant's right to due process of law was violated because they did not get an equal share of trial time to present their case in chief.
3. Whether the trial court abused its discretion in ordering termination of the guardianship and awarding custody of LGH to Brock Hartleib.
Issues of Hartleib
A. Appellee and Cross-Appellant's issues on Cross-Appeal.
1. Susan should not have been awarded visitation rights with the minor child.
a. Susan having visitation would interfere with Brock and the minor child's relationship.
2. Unsupervised visitation between Susan and the minor child is not in the child's best interests.
3. The visitation awarded to Ashley was not in the child's best interests.
a. The trial court awarded visitation beyond the recommendations of the Guardian Ad Litem, Child Custody Investigator, and the child's Therapist.
4. The trial court erred by not awarding Brock reasonable attorney's fees and costs.
B. Restatement of Appellant's issues on Appeal.
1. The trial court erred in denying the Appellants their Due Process Rights.
a. The Appellants were not given the opportunity to be heard on the Protective Order thereby denying them their due process rights.
b. The Appellants were not given an equal share of time to present their case thereby denying them their due process rights.
2. The trial court erred in denying Appellant's motions to vacate the Protective Order.
3. The trial court erred in terminating the guardianship.
4. The trial court was clearly erroneous in awarding custody of the minor child to Brock Hartleib.
a. The love, affection, and other emotional ties existing between the parents and child.
b. The capacity and disposition of the parents to give the child love, affection, and guidance and to continue the education of the child.
c. The disposition of the parents to provide the child with food, clothing, medical care, or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.
d. The length of time the child has lived in a stable satisfactory environment and the desirability of maintaining continuity.
e. The moral fitness of the parents.
f. The home, school, and community record of the child.
g. The interaction and interrelationships, or the potential for interaction and interrelations, of the child with any person who resides in, is present, or frequents the household of a parent and who may significantly affect the child's best interests.
h. The making of false allegations not made in good faith, by one parent against the other, of harm to a child as defined in section 50-25.1-02.
5. The trial court erred in awarding minimal and restrictive visitation to Susan.
6. The trial court erred in granting the Petition for Name Change.
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