|Filed May 9, 1995|
Nancy Conkins, formerly known as Nancy Blanchfield, Plaintiff and Appellee
William J. Steffan, Defendant and Appellant
Civil No. 940328
Appeal from the District Court for Ramsey County, Northeast Judicial District, the Honorable Lee A. Christofferson, Judge.
AFFIRMED AND REMANDED.
Howe & Seaworth, Grand Forks, for defendant and appellant; no appearance.
Traynor, Rutten & Traynor, Devils Lake, for plaintiff and appellee; no appearance.
Conkins v. Steffan
William J. Steffan appeals from an amended judgment, transferring custody of his minor child to Nancy Conkins, the child's mother, if Steffan moves to Dickinson, and awarding Conkins attorney's fees. See Wright v. Wright, 431 N.W.2d 301 (N.D. 1988).
The custody determination is not clearly erroneous and we affirm under NDRAppP 35.1(a)(2).
The trial court did not abuse its discretion in awarding Conkins attorney fees and we affirm under NDRAppP 35.1(a)(4).
Steffan requested attorney fees on appeal. Although we have concurrent jurisdiction with the trial court to award attorney fees on appeal, we prefer that the trial court decide the issue. Gronland v. Gronland, 527 N.W.2d 250 (N.D. 1995). We remand for a decision on the amount of attorney fees, if any, to be awarded for this appeal.
Gerald W. VandeWalle, C.J.
Beryl J. Levine
Dale V. Sandstrom
William A. Neumann
Herbert L. Meschke