Defendant's Attorney:

Description: Washburn, North Dakota family law lawyer represented the parties in a divorce.

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Sarah Knell and Catlin Kinden married in 2003 and have four children together. In October 2020, Knell filed for divorce. At that time, Knell and Kinden were living separately in Garrison, North Dakota. Knell and Kinden filed a stipulated settlement agreement, and the district court entered judgment awarding the parties equal residential responsibility of their four minor children. During the school year, the children spent the majority of their time with Knell. Kinden had parenting time Tuesday and Thursday evenings and every other weekend. In the summer, the parties alternated weeks. The judgment also required that the parties submit any disputes to mediation.

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Legal issue Can the district court modify joint residential responsibility by making an original determination of primary residential responsibility without applying N.D.C.C. § 14-09-06.6?
Headnote

FAMILY LAW. MODIFICATION OF RESIDENTIAL RESPONSIBILITY. The case involves an appeal concerning the modification of residential responsibility for minor children, addressing whether the district court properly applied North Dakota statutes regarding primary residential responsibility under differing circumstances, and whether an original determination was necessary when the prior arrangement was joint residential responsibility.

FAMILY LAW. BEST INTEREST OF THE CHILD. The court evaluated numerous best-interest factors to decide primary residential responsibility between two fit parents, emphasizing the children's medical needs and stability, amidst the parties' conflicting approaches to parenting post-divorce.

Key Phrases Cross-motions to modify residential responsibility. Heightened requirements for modifying residential responsibility. Adverse effects on children. Insufficient findings. Best interest factors.

Outcome: Affirmed.

Plaintiff's Experts:

Defendant's Experts:

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