Krueger v. Tran
2012 ND 227
| N.D. | 2012Background
- Krueger and Tran share a minor child born in 2001; both have drug histories and convictions.
- 1995-2007 custody history: Krueger had physical custody in 2005; amended 2007 gave Tran physical custody with Krueger visitation.
- 2008 contempt found against Tran for visitation denial and failing to notify of residence changes; jail term suspended.
- 2010–2011 Krueger sought temporary and then permanent modification of primary residential responsibility; court found evidence of Harassment and contempt by Tran.
- An evidentiary hearing in January 2012 resulted in a district court order modifying primary residential responsibility in Krueger’s favor.
- The district court concluded a material change in circumstances and the child’s best interests warranted modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a material change in circumstances? | Krueger contends Krueger’s improvement and child’s decline show change. | Tran argues no substantial change since prior order. | Yes, material change. |
| Is modification necessary to serve the child’s best interests? | Krueger argues best interests require stability with Krueger and improved environment. | Tran contends stability with the custodial parent should be preferred. | Yes, modification necessary. |
| Did the court properly balance best interests against custodial stability? | Krueger asserts factors favor her while stability is outweighed by welfare concerns. | Tran maintains stability with him should prevail absent compelling evidence. | Court properly weighed factors; best interests prevailed. |
| Were the best interest factors applied correctly given evidence of hostility and alienation? | Krueger argues hostility and lack of cooperation harm child. | Tran contends there was insufficient basis to alter custody based on hostility alone. | Factors favor Krueger; modification upheld. |
Key Cases Cited
- Siewert v. Siewert, 2008 ND 221 (ND 2008) (material change may arise from a decline in child condition with custodial parent)
- Ehli v. Joyce, 2010 ND 199 (ND 2010) (hostility between parents may affect child’s emotional health)
- In re N.C.C., 2000 ND 129 (ND 2000) (evidence of parental obstruction supports material change)
- Vining v. Renton, 2012 ND 86 (ND 2012) (standard for proving change in residential responsibility; best interests analysis)
- Kelly v. Kelly, 2002 ND 37 (ND 2002) (improvements alone insufficient without child’s condition decline)
- Hurt v. Hurt, 2001 ND 13 (ND 2001) (presumption in favor of custodial parent’s stability; alienation concerns)
- Frieze v. Frieze, 2005 ND 53 (ND 2005) (other remedies should be attempted before changing custody)
- Sweeney v. Sweeney, 2002 ND 206 (ND 2002) (parental hostility can weigh against child’s best interests)
- Loll v. Loll, 1997 ND 51 (ND 1997) (child custody decisions require balancing stability and welfare)
- Myers v. Myers, 1999 ND 194 (ND 1999) (stability considerations in custody decisions)