Interest of N.C.M., D.C.M., and J.J.M.

20120266 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
v.
Christopher Morrissey, Defendant and Appellee
and
State of North Dakota, Department of
Human Services, statutory real party in
interest, Respondent

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: DeWayne Alan Johnston
Appellee: Sara Rae Behrens
Term: 12/2012   Argument: 12/19/2012  1:30pm
ND cite: 2013 ND 132
NW cite: 834 N.W.2d 270

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Issues: 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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Docket entries:
106/07/2012 NOTICE OF APPEAL: 06/04/2012
206/07/2012 ORDER FOR TRANSCRIPT: 06/04/2012
307/06/2012 ELEC. RECORD ON APPEAL DATED 07/05/2012(ENTRY NOS.1-45, 47-116, 119-123, 126-256)
407/06/2012 Items not sent 46-court reporter notes, 117, 118, 124, 125, & 175-deleted documents
507/09/2012 MOT. EXT/TIME TRANSCRIPT
607/09/2012 ACTION BY TRIAL COURT. Granted: 08/31/2012
707/10/2012 ELEC. SUPP. RECORD ON APPEAL DATED 07/09/2012 (ENTRY NOS.258-259)
807/10/2012 AMENDED ELEC. SUPP. RECORD ON APPEAL DATED 07/10/2012 (ENTRY NOS.257-259)
908/15/2012 2nd ELEC. SUPP. RECORD ON APPEAL DATED 08/14/2012(ENTRY NO.261-DVD sent U.S. mail,filed 08/16/12)
1008/15/2012 and ENTRY NOS.262-280)
1108/15/2012 3rd ELEC. SUPP. RECORD ON APPEAL DATED 08/15/2012 (ENTRY NOS.260,262-281)(ENTRY NO.261-DVD)
1208/31/2012 TRANSCRIPTS DATED December 6, 2011; December 7, 2011; & December 8, 2011, Redaction Key, & C.O.S.
1308/31/2012 DISK - TRA (12/6/11; 12/7/11; & 12/8/11) (e-mailed)
1410/10/2012 APPELLANT APPENDIX
1510/10/2012 E-FILED APPENDIX
1610/12/2012 Rec'd $73 surcharge for electronically filed ATB & ATA
1710/17/2012 APPELLANT BRIEF
1810/17/2012 E-FILED BRIEF
1910/18/2012 Rec'd 7 copies of ATB from CSD
2010/18/2012 Rec'd 6 copies of ATA from CSD
2110/26/2012 Proof of Service of ATB & ATA on Maggie Anderson
2211/16/2012 APPELLEE BRIEF and Addendum
2311/16/2012 E-FILED BRIEF
2411/19/2012 Received $25 surcharge for AEB (receipt #21584)
2511/20/2012 NOTICE OF ORAL ARGUMENT SENT
2611/21/2012 Received 7 copies of AEB from CSD
2711/30/2012 REPLY BRIEF
2811/30/2012 E-FILED BRIEF
2912/04/2012 Received non-substantive corrections to RYB (title page)
3012/05/2012 Received 7 copies of RYB from Central Duplicating
3112/19/2012 APPEARANCES: DeWayne Johnston/Sara Behrens
3212/19/2012 ARGUED: D. Johnston/Behrens
3312/19/2012 ORAL ARGUMENT WEBCAST
3407/18/2013 DISPOSITION: AFFIRMED
3507/18/2013 UNANIMOUS OPINION: Maring, Mary Muehlen
3607/18/2013 Costs taxed in favor of the Appellee
3707/19/2013 Judgment Sent to Parties
3808/23/2013 MANDATE
3908/26/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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