Seibold v. Leverington
2012 ND 25
| N.D. | 2012Background
- Frison and Ohlhauser never married and have a child W.H.O., born in 1998.
- A 1999 district court judgment granted Ohlhauser residential responsibility with Frison having visitation and ordered child support, later amended in 1999, 2003, and 2004.
- In December 2010, Frison moved to amend the judgment seeking modification of residential responsibility based on alleged feeding issues and a cat allergy.
- A hearing on the motion was held June 28, 2011; the district court noted contradictory feeding testimony, no independent corroboration, and that the cat had been removed months earlier.
- The district court denied the motion on July 7, 2011, finding no material change in circumstances.
- Frison appealed to the North Dakota Supreme Court, which affirmed, applying the statute governing modifications and the clearly erroneous standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a material change in circumstances warranted modification of custody. | Frison contends new facts show a material change. | Ohlhauser argues no material change occurred and evidence is uncorroborated. | No material change; court's findings not clearly erroneous. |
Key Cases Cited
- Siewert v. Siewert, 758 N.W.2d 691 (ND 2008) (burden to show material change and best interests; clear error standard)
- Lechler v. Lechler, 786 N.W.2d 733 (ND 2010) (material change not shown; best interests need not be addressed)
- Dietz v. Dietz, 733 N.W.2d 225 (ND 2007) (mature child’s preference can indicate material change)
- Kienzle v. Selensky, 740 N.W.2d 393 (ND 2007) (clearly erroneous standard; no reweighing credibility on appeal)