[Go to Documents] | Filed Apr. 25, 1990 |
Janell Pepple, Plaintiff and Appellant
v.
Jeffrey Pepple, Defendant and Appellee
Civil No. 890279
Appeal from the District Court for Wells County, South Central Judicial District, the Honorable Gerald G. Glaser, Judge.
AFFIRMED.
Opinion of the Court by Meschke, Justice.
Wheeler Wolf, P.O. Box 2056, Bismarck, ND 58502, for plaintiff and appellant; argued by William D. Schmidt.
Ella Van Berkom Law Firm, Suite 303, 7A East Central Avenue, Minot, ND 58701-3880, for defendant and appellee; argued by Ella Van Berkom.
Pepple v. Pepple
Meschke, Justice.
Janell Pepple appealed from a divorce decree placing primary custody of their two children with her former husband, Jeffrey Pepple. Janell argued that the decision was clearly erroneous because the trial court inadequately considered her role as primary caretaker of the children and inappropriately emphasized her moral choices. In Dinius v. Dinius, 448 N.W.2d 210 (N.D. 1989), a majority of this court recently ruled that, while a primary caretaker's status was relevant, it was not a controlling factor for custody. That majority view governs this case. Accordingly, we affirm under NDRAppP 35.1(a)(2) and (7).
Herbert L. Meschke
Beryl J. Levine
H.F. Gierke III
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.