Interest of K.M.G.

990298 In the Interest of K.M.G.

K.M.G., David E. Braaten,
Guardian Ad Litem for K.M.G.,
Grand Forks County Social Service
Board, Assignee for S.J.N.,
and S.J.N., Plaintiffs and Appellees
v.
J.G., Jr., Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Paternity
Counsel:
Appellant: Spaeth Thelen & Richards
Appellee: #Omdahl Law Office
Term: 03/2000   Argument: 03/06/2000  Waived
ND cite: 2000 ND 50
NW cite: 607 N.W.2d 248


Issues: Appellant's Statement of the Issues:
I. Whether change of custody is appropriate when a child is given primary care by the non - Custodial parent for a period of more than six months and the living situation of the custodial parent is not condusive to a healthy living environment for the child.
A. The Court failed to consider Appellant's role as primary caregiver in its decision that this case lacked significant changes in circumstances.
B. The Court failed to consider Appellee's cohabitation with her new boyfriend and her second pregnancy in its determination that there were no significant changes in circumstances.

Appellee's Statement of the Issues:
I. There exists no basis to order a change of custody for the benefit of appellant.
A. There has been no willful and persistent denial of the Appellant's visitation
B. K.M.G.'s present environment does not endanger or impair her emotional or physical health.
C. There has been no "defacto" change of custody.
II. Continuity of the child's life warrants a denial of the appellant's motion to change custody

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Docket entries:
110/04/1999 NOTICE OF APPEAL: 09/30/1999
210/04/1999 ORDER FOR TRANSCRIPT: 09/30/1999
310/05/1999 Letter from Diane Hausmann that S.J.N. is appearing pro se
410/27/1999 RECORD ON APPEAL
511/19/1999 TRANSCRIPT DATED August 4, 1999
611/22/1999 DISK - Transcript Dated August 4, 1999
712/28/1999 APPELLANT BRIEF (corrected brief filed; see below)
812/28/1999 APPELLANT APPENDIX
912/28/1999 DISK - ATB
1001/05/2000 APPELLANT BRIEF
1101/06/2000 Copies of corrected cover page and register of actions for ATA (inserted)
1201/06/2000 DISK - corrected ATB
1301/18/2000 corrected table of authorities & pages 1, 2, 7
1401/18/2000 copies of affidavit of service
1501/18/2000 DISK - corrected ATB
1602/03/2000 Notice of Appearance as Attorney for Appellee S.J.N., Steven J. Simonson as of 2-3-00
1702/03/2000 APPELLEE BRIEF
1802/04/2000 DISK - AEB
1902/03/2000 APPELLEE APPENDIX
2002/08/2000 MOTION TO SUBMIT CASE ON BRIEF (AE) (letter dated 2-07-00 from Steven Simonson)
2103/01/2000 MOTION TO SUBMIT CASE ON BRIEF (AT) (letter dated 2-29-00 from Kipton Van Voorhis)
2203/01/2000 ACTION BY CLERK (OA WAIVED - AT/AE). Granted
2303/06/2000 APPEARANCES: submitted on brief
2403/06/2000 ARGUED: Submitted on brief (Vol. W; page 233)
2503/21/2000 DISPOSITION: AFFIRMED
2603/21/2000 UNANIMOUS OPINION: Neumann, William A.
2703/21/2000 Costs on appeal in favor of Appellees
2803/23/2000 Order/Judgment Mailed to Parties
2904/18/2000 MANDATE
3004/24/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3102/08/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014