Schumacker v. Schumacker
- Kim Schumacker, Plaintiff and Appellee
Curttis Schumacker, Defendant and Appellant
- Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
Case No. 06-C-1836
South Central Judicial District, Burleigh County
Bruce B. Haskell
Merely conflicting allegations in affidavits and moving papers for a change in primary residential responsibility of parties' children must be resolved at an evidentiary hearing, unless the party opposing the movant has conclusively proved the movant's allegations are insufficient or have no credibility.
Pre-divorce conduct can be relevant for a change of custody when the divorce was stipulated and the trial court was unaware of the facts at the time of the stipulation.
Inadmissible hearsay statements are not competent evidence supporting a prima facie case for a change of primary residential responsibility.
Statements by declarants on their state of mind and emotion fit an exception to the hearsay rule and are competent evidence.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||09/01/2010||NOTICE OF APPEAL : 08/31/2010|
|2||09/27/2010||RECORD ON APPEAL (not rec'd no. 19 court rep. tape)|
|5||10/11/2010||DISK - atb (e-mailed)|
|6||10/18/2010||Docket Sheet of the Lower Court for ATA|
|9||10/27/2010||DISK - AEB (floppy disk)|
|10||11/15/2010||NOTICE OF ORAL ARGUMENT SENT|
|11||12/07/2010||APPEARANCES: Theresa L. Cole; Justin D. Hager|
|12||12/07/2010||ARGUED: Theresa L. Cole; Justin D. Hager|
|13||12/07/2010||ORAL ARGUMENT WEBCAST|
|15||04/12/2011||SPLIT OPINION : Kapsner, Carol Ronning||View|
|16||04/12/2011||(CONCURRING OR DISSENTING) : Crothers, Daniel John|
|17||04/12/2011||(JOINED CONCURRING OR DISSENTING) : VandeWalle, Gerald W.|
|18||04/12/2011||Costs on appeal taxed in favor of Appellant.|
|19||04/13/2011||Judgment Sent to Parties|
|21||05/11/2011||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|