Title: North Dakota: Scott D. Thompson, Plaintiff and Appellee v. Amanda S. Thompson, n/k/a Defendant and Appellant Amanda S. Thompson Wetch. BY: Rhene Rehn

Link for opinion: http://www.lexisnexis.com.proxy.msbcollege.edu/hottopics/Inacademic/

The Cass County District Court, East Central Judicial District (North Dakota), denied the mother’s motion to amend a second amended judgment. The Judgment granted the father sole physical custody of the parties’ two minor children throughout the school year and joint physical custody in the summer.

The mother appealed. She filed a motion to amend the judgment stating that the one child had not lived with the father for a few years, and also did not have regular visitation with the father. She also alleges that the children had been living with her for a few years and the father had only seen the children less than once a month.

The trial court denied the motion that the mother filed to amend the second amended judgment. The reasoning for this was that the mother had not alleged a prime facie case showing modification was necessary.

The state supreme court found that the mother had made a prima facie case for modification pursuant to N.D.C.C. (statute)14-09-06.6(6), and that the trial court should have an evidentiary hearing to determine if the modification was necessary. 

The state supreme court reversed the trial court’s judgment and remanded the case to the trial court for further proceedings.

Labels for the post: child custody