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 9:30am|
|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|
|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|
|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.|
|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|
|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|