Morris v. Moller
815 N.W.2d 266
| N.D. | 2012Background
- Morris and Moller lived together from late 2004 to February 2009; they have two children, C.M. (son, born 2005) and J.M. (daughter, born 2007).
- A.G., Moller’s daughter from a prior relationship, resided with the parties and the children.
- They separated; Morris sued for primary residential responsibility, Moller sought it herself and obtained an interim order granting her temporary primary residential responsibility.
- A parenting investigator was appointed after a district court order.
- A July 2010 trial addressed best interests under ND Century Code § 14-09-06.2(1); the court awarded primary residential responsibility to Moller and Morris received reasonable parenting time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether drug use by a pregnant mother triggers a domestic violence presumption under factor j. | Morris argues prenatal meth use constitutes domestic violence under factor j. | Moller contends the issue was not raised below and there was insufficient DV evidence. | Issue not preserved; cannot be considered on appeal. |
| Whether factors c and e supported the district court’s determination. | Morris asserts factors support him. | Moller argues factors favor stability and no joint parenting. | District court’s findings on factors c and e not clearly erroneous. |
| Whether factor f (moral fitness) favored Morris due to alleged drug use claims. | Morris contends Moller’s alleged drug use undermines moral fitness. | Evidence showed both parents morally fit; no clear error. | Court did not clearly err in finding both parents morally fit. |
| Whether the parenting investigator’s conduct biased the court’s decision and whether the court erred in relying on the report. | Morris claims clear bias against him and improper reliance on the investigator. | Investigator’s conduct questioned, but court did not err in weighing the report. | Court properly weighed the investigator’s report; not clearly erroneous to adopt its conclusion. |
Key Cases Cited
- Miller v. Mees, 2011 ND 166 (ND 2011) (clear error standard for custody decisions; deference to trial findings)
- Doll v. Doll, 2011 ND 24 (ND 2011) (require explicit factual findings to support best interests determinations)
- Sailer v. Sailer, 2009 ND 73 (ND 2009) (court may not delegate decision-making to custody investigator; weight allowed)
- Hanson v. Hanson, 2005 ND 82 (ND 2005) (credibility and witness evaluation afforded deference)