Deyle v. Deyle
2012 ND 248
| N.D. | 2012Background
- Christina and Eric Deyle married in 2007 and have two children, H.F.D. (2004) and C.E.D. (2008).
- The parties separated in 2010; Eric left the marital home and mortgage payments ceased, culminating in a foreclosure in 2011.
- Christina served as the children's primary caregiver during separation while the family remained in Milnor, ND.
- A district court trial awarded Eric primary residential responsibility and granted Christina visitation; neither side received attorney fees or interim child support.
- Christina appealed, challenging the primary residential award and seeking extended summer parenting time, interim child support, and attorney fees.
- The Supreme Court affirmed the primary-residential ruling but remanded for a reasoned explanation on summer visitation, interim support, and attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prim. residential award supported by best interests | Deyle argues the court erred in favoring Eric | Deyle argues factors supported the award | Not clearly erroneous; affirmed |
| Extended summer parenting time and rationale | Deyle seeks extended summer visitation | Deyle's plan conflicts with stability | Remand for a reasoned explanation of the denial of extended summer visitation |
| Interim child support | Deyle seeks interim support | No explicit basis given for denial | Remand for explanation and reconsideration of interim support guidelines |
| Attorney fees | Deyle seeks award of fees | Fees denied without explanation | Remand for a reasoned explanation of denial of fees |
Key Cases Cited
- Morris v. Moller, 815 N.W.2d 266 (N.D. 2012) (affirmation of standard for best interests and clear-error review of custody determinations)
- Marsden v. Koop, 789 N.W.2d 531 (N.D. 2010) (custody decisions involve two fit parents; deference to district court)
- Lindberg v. Lindberg, 770 N.W.2d 252 (N.D. 2009) (forward-looking and backward-looking aspects of best-interest factors)
- Stoppler v. Stoppler, 633 N.W.2d 142 (N.D. 2001) (importance of stability/continuity of home and parental relationships in factor (d))
- Hagel v. Hagel, 721 N.W.2d 1 (N.D. 2006) (remand when trial court provides no basis for discretionary decisions)