Cox v. Cox

990279 Christi L. Cox, Plaintiff and Appellant
v.
Russell R. Cox, Defendant and Appellee
Appeal from: District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Johnson Law Office P.C.
Appellee: Mertz Law Office
Term: 05/2000   Argument: 05/02/2000  10:45am
ND cite: 2000 ND 144
NW cite: 613 N.W.2d 516

Issues: Appellant's Statement of the Issues:
1. Did the evidence provided to the trial court support a finding that Russell Cox, the biological father of Caleb Cox, abandoned his child? 2. Did the trial court erroneously determine sole physical custody of Caleb Cox be awarded to Russell Cox when sufficient credible evidence of domestic violence perpetrated by Russell Cox existed to create a rebuttable presumption against awarding Russell Cox sole physical custody of Caleb Cox under ND.Cent. Code 14- 09-06.2(1)(j) (1997)?
3. Do exceptional circumstances exist which require Caleb Cox to be placed in the custody of Christy Cox for placement with a third party based on Caleb's best interests and to prevent harm or detriment to Caleb Cox?

Appellee's Statement of the Issues:
1. The Trial Court erroneously awarded primary physical custody of the minor child to Russell Cox, the natural father, who abandoned the child and had not provided any emotional or financial support to the child. Russell Cox moved to Colorado Springs, Colorado, and ceased all communication and support with the minor child without justifiable cause. Christi Cox was awarded temporary custody of Caleb Cox and has provided Caleb with love, support, and stability.
2. The trial Court erroneously failed to consider the evidence of domestic violence perpetrated by Russell Cox toward Christi Cox and the minor child, which included a conviction for the same and a history of mental illness.
3. The Trial Court erroneously failed to recognize the exceptional circumstances which existed involving a third party, Jerry and Bonnie Johnson, who have been the psychological parents of the minor child for half of his life. Exceptional circumstances existed in a psychological parent-child relationship which would allow awarding custody to Jerry and Bonnie Johnson based on Caleb Cox's best interests and to prevent harm or detriment to Caleb Cox.

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Docket entries:
109/20/1999 NOTICE OF APPEAL: 09/16/1999
209/20/1999 ORDER FOR TRANSCRIPT: 09/16/1999
309/23/1999 RETENTION OF RECORD ON APPEAL: 12/15/1999
411/05/1999 MOT. EXT/TIME TRANSCRIPT (Steven W. Randall)
511/05/1999 ACTION BY TRIAL COURT. Granted: 12/15/1999
612/15/1999 TRANSCRIPT DATED August 25, 1999
712/16/1999 DISK - TRA (8-25-99)
812/16/1999 RECORD ON APPEAL (not rec'd: #20 & 37 - tapes; #47-steno notes)
901/19/2000 MOT. EXT/TIME APPELLANT BRIEF
1001/19/2000 ACTION BY CLERK (MAT). Granted: 02/07/2000
1102/07/2000 APPELLANT BRIEF
1202/07/2000 APPELLANT APPENDIX
1302/14/2000 DISK - ATB
1403/13/2000 APPELLEE BRIEF
1503/14/2000 DISK - AEB
1603/21/2000 Corrected table of authorities and corrected pages
1703/21/2000 DISK - corrected AEB
1803/21/2000 REQUEST FOR CONTINUANCE OF OA (letter dated 3-20-00 from Monty Mertz)
1903/27/2000 ACTION BY CHIEF JUSTICE (OA CONT. TO MAY TERM). Granted
2005/02/2000 APPEARANCES: Leslie Johnson Aldrich; Monty G. Mertz
2105/02/2000 ARGUED: Aldrich; Mertz (Vol. X; page 24)
2205/02/2000 ORAL ARGUMENT WEBCAST
2307/20/2000 DISPOSITION: AFFIRMED
2407/20/2000 UNANIMOUS OPINION: Sandstrom, Dale V.
2507/20/2000 Double costs on appeal awarded in favor of Russell Cox, appellee, non-record items included in App.
2607/21/2000 Judgment Mailed to Parties
2708/14/2000 MANDATE
2808/16/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2902/02/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 01/07/2009