Gussiaas v. Neustel
State of North Dakota, Plaintiff
Paulette Gussiaas, n/k/a
Paulette Albrecht, Plaintiff and Appellant
Shawn R. Neustel, Defendant and Appellee
Southeast Judicial District,
Judge Mikal Simonson
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||09/2010  Argument: 09/09/2010|
|ND cite:||2010 ND 216|
790 N.W.2d 476
Listen to recording of oral argument in MP3 format
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.
|Add Docket 20100086 RSS|
|1||03/15/2010 NOTICE OF APPEAL: 03/11/2010|
|2||03/15/2010 ORDER FOR TRANSCRIPT: 03/11/2010|
|3||03/16/2010 E-mail notice from Marnie Soggie re services now being provided by Bismarck Regional Child Support|
|4||03/16/2010 Enforcement Unit|
|5||03/17/2010 ACKNOWLEDGEMENT OF OTR & REQUEST FOR RETENTION OF RECORD ON APPEAL: 04/30/2010|
|6||04/16/2010 TRANSCRIPTS DATED October 21, 2009 & November 9, 2009 (2 volumes) & C.O.S.|
|7||04/19/2010 DISK - tra (10/21/09 & 11/09/09) (e-mailed)|
|8||04/14/2010 RECORD ON APPEAL and Separate No. 59|
|9||05/04/2010 MOTION FOR Stay and Brief|
|10||05/04/2010 NO ACTION TAKEN (must be presented to the trial court)|
|11||05/13/2010 Supplemental Brief on Motion for Stay. RspDue: 05/24/2010|
|12||05/13/2010 APPELLANT BRIEF|
|13||05/13/2010 APPELLANT APPENDIX|
|14||05/18/2010 Clerk's Supplemental Certificate of Record dated May 18, 2010 (Entry Nos. 85-88).Odyssey elect.ROA|
|15||05/19/2010 Received 8 copies each of corrected ATB & ATA title pages.|
|16||05/19/2010 DISK-ATB (e-mailed)|
|17||05/24/2010 Response Filed to Motion for Stay and Brief (hard copies received May 25)|
|18||05/26/2010 ACTION BY SUPREME COURT (Mot. for Stay). Denied|
|19||06/08/2010 MOT. EXT/TIME APPELLEE BRIEF (e-filed)|
|20||06/08/2010 E-FILED MOTION (MAE)|
|21||06/08/2010 ACTION BY CLERK (MAE). Granted: 06/21/2010|
|22||06/21/2010 APPELLEE BRIEF|
|23||06/21/2010 DISK-AEB (e-mailed)|
|24||06/23/2010 Affidavit of Service of AEB.|
|25||07/28/2010 NOTICE OF ORAL ARGUMENT SENT|
|26||09/09/2010 APPEARANCES: Justin D. Hager; Joanne H. Ottmar|
|27||09/09/2010 ARGUED: Hager; Ottmar|
|28||09/09/2010 ORAL ARGUMENT WEBCAST|
|29||11/09/2010 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT|
|30||11/09/2010 SPLIT OPINION: Maring, Mary Muehlen|
|31||11/09/2010 (CONCURRING IN THE RESULT): Sandstrom, Dale V.: CON/RES|
|32||11/09/2010 Costs on appeal not taxed against either party|
|33||11/09/2010 Judgment Sent to Parties|
|35||11/10/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|