Johnshoy v. Johnshoy
Docket Info
- Title
- Zachary Lewis Johnshoy, Plaintiff and Appellee
v.
Amanda Sue Johnshoy, n/k/a Amanda Sue Fry, Defendant and Appellant - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 2020-DM-00400
North Central Judicial District, Ward County
Gary H. Lee
Highlight
A prima facie case consists of factual allegations sufficient to support a finding of a material change in circumstances and that a change is necessary to serve the best interests of the child. A “material change” is an important new fact that was unknown at the time of the prior custody decision. To establish a prima facie case that modification is necessary to serve the best interests of the children requires more than the improved circumstances of the party moving to modify primary residential responsibility.
The preference of a mature child may be particularly significant to the trial court, both in determining whether there has been a significant change of circumstances and in determining the best interests of the child. The maturity of the child is a factually driven issue and will depend on the facts and circumstances of the case. The court should consider a mature child’s preference only if there are persuasive reasons for that preference.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/01/2020 | NOTICE OF APPEAL : 10/01/2020 | |
| 2 | 10/05/2020 | Rec'd $125.00 Filing Fee (receipt #27838) | |
| 3 | 10/05/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 10/05/2020 | Notice served on Kyle R. Craig and Bonnie P. Humphrey | |
| 5 | 10/15/2020 | ORDER OF REMAND | |
| 6 | 10/15/2020 | Briefing Schedule Stayed | |
| 7 | 10/30/2020 | ELEC. RECORD ON APPEAL DATED OCTOBER 29, 2020 (ENTRY NOS. 1-18 & 20-174) | |
| 8 | 01/12/2021 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED (ENTRY NOS. 175-186) | |
| 9 | 01/20/2021 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 20, 2021 (ENTRY NOS. 187-192) | |
| 10 | 01/26/2021 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 25, 2021 (ENTRY NOS. 193-195)(Re-filed) | |
| 11 | 01/26/2021 | MOT. EXT/TIME APPELLANT BRIEF (Reset Due to Remand) | |
| 12 | 01/26/2021 | ACTION BY CLERK (Reset Due to Remand) - Granted : 02/25/2021 | |
| 13 | 02/22/2021 | APPELLANT BRIEF | View |
| 14 | 02/22/2021 | APPELLANT APPENDIX | |
| 15 | 02/22/2021 | Oral Argument Request by Appellant | |
| 16 | 02/26/2021 | Rec'd non-substantive corrections to ATB and ATA (numbering, OCR, ATA NOA) | |
| 17 | 03/28/2021 | MOT. EXT/TIME APPELLEE BRIEF (sua sponte delay of service of ATB) | |
| 18 | 03/01/2021 | ACTION BY CLERK (sua sponte delay of service of ATB) - Granted : 03/26/2021 | |
| 19 | 03/02/2021 | Rec'd 5 copies of ATB & 4 copies of ATA from CSD | |
| 20 | 03/23/2021 | NOTICE OF ORAL ARGUMENT SENT | |
| 21 | 03/24/2021 | APPELLEE BRIEF (non-substantive correction to brief signed March 29, 2021) | View |
| 22 | 03/24/2021 | Oral Argument Request by APPELLEE | |
| 23 | 03/24/2021 | APPELLEE APPENDIX | |
| 24 | 03/29/2021 | Rec'd non-substantive corrections to AEB | |
| 25 | 03/31/2021 | Rec'd 5 copies of AEB & 4 copies of AEA from CSD | |
| 26 | 04/27/2021 | APPEARANCES: Kyle R. Craig/Bonnie P. Humphrey | |
| 27 | 04/27/2021 | ARGUED: Kyle R. Craig/Bonnie P. Humphrey | |
| 28 | 04/27/2021 | ORAL ARGUMENT WEBCAST | |
| 29 | 06/24/2021 | DISPOSITION | |
| 30 | 06/24/2021 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
| 31 | 06/24/2021 | Costs on appeal taxed in favor of the Appellee | |
| 32 | 06/24/2021 | Judgment | |
| 33 | 07/16/2021 | MANDATE |