Kershaw v. Finnson, et al.
- Jacob Dalles Kershaw, Plaintiff and Appellee
Shelby Lynn Finnson, Defendant and Appellant
State of North Dakota, Statutory Real Party in Interest
- Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
Case No. 2020-DM-00016
Northeast Central Judicial District, Nelson County
Parties' Statement of Issues
I. Whether the district court erred in finding there was no credible evidence of domestic violence under N.C.C.C. § 14-09-06.2(j).
II. Whether the district court’s findings regarding other best interest factors were clearly erroneous.
a. Alternatively, whether the district court’s award of parenting time was clearly erroneous.
III. Whether the district court proceedings were a denial of due process.
a. Whether the district court committed reversable error by executing findings of fact by trial counsel.
Issue 1: The District Court did not err as a matter of law by determining that there was no credible evidence of domestic violence under N.C.C.C.§14-09-06.2(j).
II. Issue 2: The District Court’s findings regarding other best interest factors were not clearly erroneous.
a. The District Court’s award of parenting time was not clearly erroneous
III. Issue 3: The District Court’s proceedings were not a denial of due process.
a. The District Court did not commit reversable error by using portions of findings of fact proposed by trial counsel
Shelby Finnson appeals from a judgment awarding primary residential responsibility of the parties’ minor child to Jacob Kershaw.
Finnson and Kershaw were never married. They share a minor child. Kershaw sued for primary residential responsibility of the child and requested an ex parte interim order awarding him temporary custody. In a separate case, Finnson filed an application for a domestic violence restraining order. The parties’ petitions resulted in two conflicting orders from different judges granting temporary custody of the child to the other parent. After holding a hearing, the judge assigned to the protection order case found domestic violence had occurred and amended the primary residential responsibility interim order to grant temporary custody of the child to Finnson. After a two-day trial, Kershaw was awarded primary residential responsibility of the child and Finnson was granted parenting time on alternating weekends.
On appeal, Finnson argues the district court erred when it did not apply a domestic violence presumption against Kershaw, the court’s findings regarding the best interests of the child are not supported by the evidence, the court’s award of parenting time is clearly erroneous, her due process rights were violated because the judge that determined primary residential responsibility did not certify himself as familiar with the record, and the court uncritically adopted Kershaw’s proposed findings.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||12/23/2021||NOTICE OF APPEAL : 12/23/2021|
|2||12/23/2021||ORDER FOR TRANSCRIPT : 01/06/2022|
|3||01/06/2022||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||01/06/2022||Notice served on Sarah M. Kyte, Pamela F. Coleman & Sarah E. Cannon|
|5||01/10/2022||AMENDED ORDER FOR TRANSCRIPT|
|6||02/03/2022||ELEC. RECORD ON APPEAL DATED FEBRUARY 2, 2022 (ENTRY NOS.1-173)|
|7||03/07/2022||All Transcripts Filed in Record|
|8||03/08/2022||1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 7, 2022 (ENTRY NOS. 175-179)|
|9||03/11/2022||AMENDED 1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 8, 2022 (ENTRY NOS. 174-180)|
|10||04/18/2022||APPELLANT BRIEF (Amended Appellant's Brief filed 6/3/22)|
|11||04/18/2022||Oral Argument Request by Appellant|
|12||04/25/2022||Rec'd ATB Corrections|
|13||04/27/2022||Rec'd 3 copies of ATB back from CD|
|14||05/09/2022||Rec'd notice from State Child Support Divison they will not be participating in appeal|
|15||05/18/2022||Non-Compliant AEB rec'd; given until 5/24/22 to revise (spacing; length)|
|16||05/24/2022||NOTICE OF ORAL ARGUMENT SENT|
|17||06/02/2022||Non-Compliant Amended ATB rec'd (length); given until 6/3/22 by 4pm to revise|
|18||06/03/2022||AMENDED APPELLANT BRIEF||View|
|19||06/02/2022||Oral Argument Request by Appellant|
|20||06/03/2022||Rec'd 3 copies of Amended ATB from CSD|
|22||06/08/2022||Oral Argument Request by Appellee|
|23||06/09/2022||Rec'd 3 copies of AEB from CSD|
|25||06/16/2022||Rec'd corrections to RYB|
|26||06/16/2022||Rec'd additional corrections to RYB (ND citations)|
|27||06/17/2022||Rec'd 3 copies of RYB from CSD|
|28||06/23/2022||APPEARANCES: Sarah M. Kyte/Pamela F. Coleman|
|29||06/23/2022||ARGUED: Sarah M. Kyte/Pamela F. Coleman|
|30||06/23/2022||ORAL ARGUMENT WEBCAST|
|31||06/23/2022||2ND ELEC. SUPP. RECORD ON APPEAL DATED JUNE 22, 2022 (ENTRY NOS. 181-197)|