Cox v. Cox
Christi L. Cox, Plaintiff and Appellant
Russell R. Cox, Defendant and Appellee
East Central Judicial District,
Judge Cynthia Rothe-Seeger
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||05/2000  Argument: 05/02/2000 10:45am|
|ND cite:||2000 ND 144|
613 N.W.2d 516
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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|1||09/20/1999||NOTICE OF APPEAL: 09/16/1999|
|2||09/20/1999||ORDER FOR TRANSCRIPT: 09/16/1999|
|3||09/23/1999||RETENTION OF RECORD ON APPEAL: 12/15/1999|
|4||11/05/1999||MOT. EXT/TIME TRANSCRIPT (Steven W. Randall)|
|5||11/05/1999||ACTION BY TRIAL COURT. Granted: 12/15/1999|
|6||12/15/1999||TRANSCRIPT DATED August 25, 1999|
|7||12/16/1999||DISK - TRA (8-25-99)|
|8||12/16/1999||RECORD ON APPEAL (not rec'd: #20 & 37 - tapes; #47-steno notes)|
|9||01/19/2000||MOT. EXT/TIME APPELLANT BRIEF|
|10||01/19/2000||ACTION BY CLERK (MAT). Granted: 02/07/2000|
|13||02/14/2000||DISK - ATB|
|15||03/14/2000||DISK - AEB|
|16||03/21/2000||Corrected table of authorities and corrected pages|
|17||03/21/2000||DISK - corrected AEB|
|18||03/21/2000||REQUEST FOR CONTINUANCE OF OA (letter dated 3-20-00 from Monty Mertz)|
|19||03/27/2000||ACTION BY CHIEF JUSTICE (OA CONT. TO MAY TERM). Granted|
|20||05/02/2000||APPEARANCES: Leslie Johnson Aldrich; Monty G. Mertz|
|21||05/02/2000||ARGUED: Aldrich; Mertz (Vol. X; page 24)|
|22||05/02/2000||ORAL ARGUMENT WEBCAST|
|24||07/20/2000||UNANIMOUS OPINION: Sandstrom, Dale V.|
|25||07/20/2000||Double costs on appeal awarded in favor of Russell Cox, appellee, non-record items included in App.|
|26||07/21/2000||Judgment Mailed to Parties|
|28||08/16/2000||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|29||02/02/2007||EXPUNGED - Nonpermanent record items destroyed|