Gussiaas v. Neustel

20100086 State of North Dakota, Plaintiff
and
Paulette Gussiaas, n/k/a
Paulette Albrecht, Plaintiff and Appellant
v.
Shawn R. Neustel, Defendant and Appellee

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge Mikal Simonson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Justin Dale Hager
Appellee: Joanne Hager Ottmar
Term: 09/2010   Argument: 09/09/2010  9:30am
ND cite: 2010 ND 216
NW cite: 790 N.W.2d 476

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
A.Did the trial court err as a matter of law in finding that a material change of circumstance had occurred in this case?
B.Did the trial court err as a matter of law in failing to make a required finding of the change of custody being 'necessary'?
C.Did the trial court err as a matter of law in determining that the change of custody was in the best interests of the child?
D.Did the trial court err as a matter of law in awarding a change of custody to a parent that was already alienating the custodial parent?

Appellee's Statement of the Issues:
I.The trial court did not err in finding that a material change in circumstances had occurred.
II.The trial court correctly found that a change of custody was necessary.
III.The Trial Court correctly determined that the change of primary residential responsibility was in the best interest of T.H.N.
IV.The trial court did not err in awarding primary residential responsibility to Shawn when there was no evidence that Shawn was alienating T.H.N. from Paulette.

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Docket entries:
103/15/2010 NOTICE OF APPEAL: 03/11/2010
203/15/2010 ORDER FOR TRANSCRIPT: 03/11/2010
303/16/2010 E-mail notice from Marnie Soggie re services now being provided by Bismarck Regional Child Support
403/16/2010 Enforcement Unit
503/17/2010 ACKNOWLEDGEMENT OF OTR & REQUEST FOR RETENTION OF RECORD ON APPEAL: 04/30/2010
604/16/2010 TRANSCRIPTS DATED October 21, 2009 & November 9, 2009 (2 volumes) & C.O.S.
704/19/2010 DISK - tra (10/21/09 & 11/09/09) (e-mailed)
804/14/2010 RECORD ON APPEAL and Separate No. 59
905/04/2010 MOTION FOR Stay and Brief
1005/04/2010 NO ACTION TAKEN (must be presented to the trial court)
1105/13/2010 Supplemental Brief on Motion for Stay. RspDue: 05/24/2010
1205/13/2010 APPELLANT BRIEF
1305/13/2010 APPELLANT APPENDIX
1405/18/2010 Clerk's Supplemental Certificate of Record dated May 18, 2010 (Entry Nos. 85-88).Odyssey elect.ROA
1505/19/2010 Received 8 copies each of corrected ATB & ATA title pages.
1605/19/2010 DISK-ATB (e-mailed)
1705/24/2010 Response Filed to Motion for Stay and Brief (hard copies received May 25)
1805/26/2010 ACTION BY SUPREME COURT (Mot. for Stay). Denied
1906/08/2010 MOT. EXT/TIME APPELLEE BRIEF (e-filed)
2006/08/2010 E-FILED MOTION (MAE)
2106/08/2010 ACTION BY CLERK (MAE). Granted: 06/21/2010
2206/21/2010 APPELLEE BRIEF
2306/21/2010 DISK-AEB (e-mailed)
2406/23/2010 Affidavit of Service of AEB.
2507/28/2010 NOTICE OF ORAL ARGUMENT SENT
2609/09/2010 APPEARANCES: Justin D. Hager; Joanne H. Ottmar
2709/09/2010 ARGUED: Hager; Ottmar
2809/09/2010 ORAL ARGUMENT WEBCAST
2911/09/2010 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
3011/09/2010 SPLIT OPINION: Maring, Mary Muehlen
3111/09/2010 (CONCURRING IN THE RESULT): Sandstrom, Dale V.: CON/RES
3211/09/2010 Costs on appeal not taxed against either party
3311/09/2010 Judgment Sent to Parties
3411/09/2010 MANDATE
3511/10/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/24/2014