Search Tips

Stoddard v. Singer

Docket No. 20200157
Oral Argument: Waived

Docket Info

Title
Daniel Joseph Stoddard, Jr., Plaintiff and Appellant
v.
Christina Jean Singer, F/K/A
Christina Jean Stoddard F/K/A
Christina Jean Ringering, Defendant and Appellee
and
State of North Dakota, Statutory Real Party in Interest
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2017-DM-00007
North Central Judicial District, Mountrail County
Richard L. Hagar

Parties' Statement of Issues

  • Appellant

    1.The trial court erred in finding that Daniel Joseph Stoddard ("Daniel") had not methis burden of proof regarding primary residential responsibility and decisionmaking for MSS and failed to award him primary residential responsibility and decisionmaking, in particular as to safety and domestic violence concerns;
    2. The trial court erred when it did not find that Christina Jean Singer's ("Christina") neglect and abuse of MSS were a danger to MSS' physical and emotional health, amounting to domestic violence against MSS, which would have priority under the best interest factors;
    3. The trial court erred when it did not find that Christina's failure to provide for MSS' safety, structure, educational needs, medical and dental concerns were a reason to award Daniel primary residential responsibility and decisionmaking for MSS;
    4. The trial court erred when it failed to find that Christina's late-admitted use of alcohol and illegal drugs interfered with the safety and well-being of MSS;
    5. The trial court erred when it failed to find that Christina's failure to address MSS' special needs would make an award of primary residential responsibility and primary decisionmaking to Daniel crucial to protect MSS;
    6. The trial court erred when it did not find that Christina willfully violated or interfered with Daniel's parenting time and parental access to MSS;
    7. The trial court erred when it did not consider Christina's lack of credibility and inconsistent testimony in making its determination;
    8. The trial court erred when it failed to address concerns regarding Daniel's stepchild, JBG, along with visitation or psychological parenting rights regarding JBG, yet asked to talk to JBG at the hearing on January 21, 2020, without putting her under oath and in a manner which did not provide for adequate consideration of the situation as previously argued by Daniel;
    9. The trial court failed to appoint a parenting investigator;
    10. The trial court failed to address property and debt enforcement issues between the parties after a partial stipulation was reached, which also showed Christina's lack of credibility or stability;
    11. The trial court erred by delaying without explanation the emergency hearing under N.D.R.Ct. 8.2 regarding Plaintiff's Motion Regarding Emergency filed September 25, 2019, until after several telephone calls to the Clerk, and letters filed with the Court at Index #253 on November 18, 2019, and at Index #255 on January 7, 2020, with the emergency hearing not being held until January 21, 2020, causing increased fees and costs (All Index # are to the Register of Actions);
    12. The trial court's findings are insufficient to support its determination and denial of Daniel's motions at Index #27, #78, and #231 to the extent indicated in the Orders, the Amended Judgment, and the Amended Parenting Plan.


Summary

Daniel Stoddard appeals from a district court order amending the parenting plan between Stoddard and Christina Singer for their minor child.

Stoddard filed an expedited motion to modify and enforce judgment on May 20, 2018. A status conference was held June 1, 2018 regarding the motion, and the parties reached a temporary agreement regarding summer parenting time for Stoddard. A schedule and order for mediation was entered June 20, 2018. A partial agreement regarding winter parenting time and some property and debt issues was reached during mediation. Stoddard filed an amended motion to amend and enforce judgment on December 23, 2018. An order finding prima facie case and granting further evidentiary hearing was entered on January 28, 2019. The evidentiary hearing was held on July 18, 2019. Stoddard filed his closing argument on August 19, 2019, and Singer filed a letter brief on August 20, 2019.

Before the district court made a decision on the pending motion, on September 25, 2019 Stoddard filed an emergency motion for an interim order placing M.S.S. in his care. Stoddard’s request for a hearing on the emergency motion went unanswered, eventually leading to Stoddard writing letters to the court requesting a hearing. A hearing was scheduled on the emergency motion and set for January 21, 2020. The child and a half-sibling were interviewed by the court at its own request. An order denying Stoddard’s amended motion to modify and enforce judgment, as well as Stoddard’s emergency motion was entered on February 24, 2020. The order amending parenting plan and amended judgment were filed on May 18, 2020.

On appeal, Stoddard presents 12 issues as to why the district court erred in its determination a change in primary residential responsibility was unwarranted. Stoddard’s issues generally argue the district court (1) erred in finding Stoddard did not meet his burden of proof regarding primary residential responsibility, (2) erred in allowing J.G.B. to testify without placing her under oath, (3) erred by failing to appoint a parenting investigator, and (4) erred in delaying his request for an emergency hearing.


Briefs

Filing Date Description
09/24/2020 APPELLANT BRIEF View
11/09/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Bonnie Paradis Humphrey - 04991
APPELLEE PRIVATE PRACTICE Elizabeth Jane Sundby - 04541

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 06/06/2020 NOTICE OF APPEAL
2 06/06/2020 ORDER FOR TRANSCRIPT : 06/11/2020
3 06/10/2020 Received $125 filing fee
4 06/11/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 06/11/2020 Notice served on Bonnie P. Humphrey and E. Jane Sundby
6 07/07/2020 ELEC. RECORD ON APPEAL DATED JULY 6, 2020 (ENTRY NOS. 1-290)
7 07/30/2020 ELECTRONIC TRANSCRIPT DATED JUNE 1, 2018
8 07/30/2020 ELECTRONIC TRANSCRIPT DATED JULY 18, 2019
9 07/30/2020 ELECTRONIC TRANSCRIPT DATED JANUARY 21, 2020
10 07/30/2020 Certificate of Service for Transcripts
11 07/30/2020 Rec'd non-substantive correction to 6-1-18 transcript (title)
12 08/06/2020 ELEC. RECORD ON APPEAL DATED AUGUST 6, 2020 (ENTRY NOS. 1-127, 130-145, 148-173, 175-291)
13 09/03/2020 MOT. EXT/TIME APPELLANT BRIEF
14 09/04/2020 ACTION BY CLERK - Granted : 09/22/2020
15 09/21/2020 MOTION TO DEFER FILING APPENDIX
16 09/22/2020 ACTION BY CLERK - Granted
17 09/22/2020 Non-Compliant ATB rec'd; given until 9/28/20 to revise (length)
18 09/24/2020 APPELLANT BRIEF View
19 09/29/2020 Rec'd 5 copies of ATB back from CD
20 10/09/2020 Notification the State is a real party in interest in this matter
21 10/09/2020 1ST ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 9, 2020 (ENTRY NOS. 292-294)
22 10/22/2020 MOT. EXT/TIME APPELLEE BRIEF
23 10/23/2020 ACTION BY CLERK - Granted : 11/09/2020
24 10/26/2020 Notice that the State of North Dakota/Child Support will not participate in the appeal
25 11/09/2020 APPELLEE BRIEF View
26 11/12/2020 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
27 11/12/2020 Rec'd non-substantive corrections to AEB
28 11/17/2020 Rec'd 5 copies of AEB from CSD
29 11/22/2020 APPELLANT APPENDIX
30 11/24/2020 Rec'd non-substantive corrections to ATA
31 11/25/2020 Rec'd 5 copies of ATA from CSD
32 11/27/2020 Rec'd $44 e-filing surcharge for ATA (receipt #27873)
33 12/01/2020 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)
34 12/01/2020 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)