Interest of N.C.M., D.C.M., and J.J.M.
In the Interest of N.C.M., D.C.M., and J.J.M.
Micah Green, the parent and natural
guardian of N.C.M, D.C.M., and J.J.M.
and the Grand Forks County Social
Service Board, Assignee for Micah O. Green, Plaintiffs
Micah Green, the parent and natural
guardian of N.C.M., D.C.M., and J.J.M., Appellant
Christopher Morrissey, Defendant and Appellee
State of North Dakota, Department of
Human Services, statutory real party in
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||12/2012  Argument: 12/19/2012|
|ND cite:||2013 ND 132|
834 N.W.2d 270
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether the District Court erred in granting the evidentiary hearing as Chris had not met the burden of establishing a prima facie case.
II. Whether the District Court's award of primary residential responsibility of the parties children to Chris is clearly erroneous.
A. Whether the District Court erred by failing to balance the best interest factors against maintaining stability with the custodial parent.
B. Whether the District Court properly weighed the best interest factors.
C. Whether the District Court's evidence supports its findings.
D. Whether the District Court failed to find a nexus between the children's present environment and how the children were affected by the alleged dangers of their present environment.
E. Whether the children's present environment endangered their physical or emotional health or impair the children's emotional development.
III. Whether the District Court misapplied the law by admitting certain evidence.
A. Whether the District Court misapplied the law by allowing Gregory Decker to testify as an expert.
B. Whether the District Court erred by admitting Micah Green's confidential medical/psychological records into evidence through Dr. Decker's report.
C. Whether the District Court erred by not requiring Grand Forks County Social Services to provide full (non-redacted) copies of the reports admitted into evidence.
D. Whether the District Court erred by admitting the jail recording into evidence.
E. Whether the District Court erred by allowing Monica Morrisey to testify as an expert.
IV. Whether the District Court erred in only granting appellant parenting time every other weekend.
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|1||06/07/2012 NOTICE OF APPEAL: 06/04/2012|
|2||06/07/2012 ORDER FOR TRANSCRIPT: 06/04/2012|
|3||07/06/2012 ELEC. RECORD ON APPEAL DATED 07/05/2012(ENTRY NOS.1-45, 47-116, 119-123, 126-256)|
|4||07/06/2012 Items not sent 46-court reporter notes, 117, 118, 124, 125, & 175-deleted documents|
|5||07/09/2012 MOT. EXT/TIME TRANSCRIPT|
|6||07/09/2012 ACTION BY TRIAL COURT. Granted: 08/31/2012|
|7||07/10/2012 ELEC. SUPP. RECORD ON APPEAL DATED 07/09/2012 (ENTRY NOS.258-259)|
|8||07/10/2012 AMENDED ELEC. SUPP. RECORD ON APPEAL DATED 07/10/2012 (ENTRY NOS.257-259)|
|9||08/15/2012 2nd ELEC. SUPP. RECORD ON APPEAL DATED 08/14/2012(ENTRY NO.261-DVD sent U.S. mail,filed 08/16/12)|
|10||08/15/2012 and ENTRY NOS.262-280)|
|11||08/15/2012 3rd ELEC. SUPP. RECORD ON APPEAL DATED 08/15/2012 (ENTRY NOS.260,262-281)(ENTRY NO.261-DVD)|
|12||08/31/2012 TRANSCRIPTS DATED December 6, 2011; December 7, 2011; & December 8, 2011, Redaction Key, & C.O.S.|
|13||08/31/2012 DISK - TRA (12/6/11; 12/7/11; & 12/8/11) (e-mailed)|
|14||10/10/2012 APPELLANT APPENDIX|
|15||10/10/2012 E-FILED APPENDIX|
|16||10/12/2012 Rec'd $73 surcharge for electronically filed ATB & ATA|
|17||10/17/2012 APPELLANT BRIEF|
|18||10/17/2012 E-FILED BRIEF|
|19||10/18/2012 Rec'd 7 copies of ATB from CSD|
|20||10/18/2012 Rec'd 6 copies of ATA from CSD|
|21||10/26/2012 Proof of Service of ATB & ATA on Maggie Anderson|
|22||11/16/2012 APPELLEE BRIEF and Addendum|
|23||11/16/2012 E-FILED BRIEF|
|24||11/19/2012 Received $25 surcharge for AEB (receipt #21584)|
|25||11/20/2012 NOTICE OF ORAL ARGUMENT SENT|
|26||11/21/2012 Received 7 copies of AEB from CSD|
|27||11/30/2012 REPLY BRIEF|
|28||11/30/2012 E-FILED BRIEF|
|29||12/04/2012 Received non-substantive corrections to RYB (title page)|
|30||12/05/2012 Received 7 copies of RYB from Central Duplicating|
|31||12/19/2012 APPEARANCES: DeWayne Johnston/Sara Behrens|
|32||12/19/2012 ARGUED: D. Johnston/Behrens|
|33||12/19/2012 ORAL ARGUMENT WEBCAST|
|34||07/18/2013 DISPOSITION: AFFIRMED|
|35||07/18/2013 UNANIMOUS OPINION: Maring, Mary Muehlen|
|36||07/18/2013 Costs taxed in favor of the Appellee|
|37||07/19/2013 Judgment Sent to Parties|
|39||08/26/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|