Goetz v. Goetz, 993 N.W.2d 350

Joshua Goetz and Cassandra Smith (formerly Goetz) divorced in 2018 and share two minor children; the original decree gave Smith primary residential responsibility and limited parenting time to Goetz.
In February 2021 Goetz moved to modify residential responsibility, alleging Smith interfered with communication, displayed animosity toward his new family, and engaged in conduct (including unwarranted welfare checks) that disrupted co-parenting.
After evidentiary hearings the district court found a material change in circumstances based on Smith’s conduct, awarded equal residential responsibility, and gave Goetz primary decision-making authority.
The North Dakota Supreme Court previously remanded, instructing the district court to make specific findings whether the material change adversely affected the children or caused a general decline in their condition.
On remand the district court again failed to make specific findings linking the material change to an adverse effect or general decline; the Supreme Court reversed the corrected amended judgment for that reason.
A dissent argued the record (including the parenting investigator’s report) supported an inference of adverse effects and that reversing frustrates the children’s stability and best interests.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court may modify residential responsibility after two years without specific findings that the material change adversely affected the children or produced a general decline	Goetz: Smith’s conduct constituted a material change and modification was necessary for the children’s best interests	Smith: No material change that adversely affected the children or caused a general decline; children are overall doing well	Reversed: Court must make specific findings showing adverse effect or general decline before modifying; absence of such findings is clear error
Whether the district court’s factual findings about Smith’s conduct were clearly erroneous	Goetz: Findings that Smith engaged in concerning behavior are supported by the record	Smith: Even if conduct occurred, record does not show harm to the children	The court’s findings of concerning conduct were not clearly erroneous, but they are insufficient without findings linking that conduct to an adverse effect or decline in the children’s condition

Queen v. Martel, 2022 ND 178, 980 N.W.2d 914 (residential responsibility findings are findings of fact reviewed for clear error)
Kunz v. Slappy, 2021 ND 186, 965 N.W.2d 408 (to modify custody, material change must adversely affect the child or result in a general decline)
Anderson v. Spitzer, 2022 ND 110, 974 N.W.2d 695 (reversed where findings showed no linkage between changed circumstances and harm to the child)
Goetz v. Goetz, 2023 ND 53, 988 N.W.2d 553 (remand ordered for specific findings whether material change adversely affected the children or caused a general decline)