Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.
The opinion of the court was delivered by: Kapsner, Justice.
N.D. Supreme CourtSchumacker v. Schumacker,
This opinion is subject to petition for rehearing. [Go to Documents]
[Download as WordPerfect] Concurring & dissenting opinion filed.
Opinion of the Court by Kapsner, Justice.
[¶1] Curttis Schumacker appeals the district court order denying his motion to amend the stipulated divorce judgment granting Kim Blair, formerly known as Kim Schumacker, primary residential responsibility of their children. We reverse and remand, concluding Schumacker's affidavit established a prima facie case entitling him to an evidentiary hearing on his motion to change residential responsibility.
[¶2] Schumacker and Blair were married in September 1992. They have two children, C.S. and A.S. In April 2007, a divorce judgment was entered incorporating Schumacker and Blair's stipulation for property settlement, custody, and divorce. Under the stipulation, Blair and Schumacker shared joint legal custody of their children, with Blair having physical custody.
[¶3] In June 2010, Schumacker moved to change primary residential responsibility to himself, alleging a material change in circumstances occurred. Schumacker supported his motion with his affidavit containing some competent evidence and some clearly incompetent and inaccurate allegations. Blair opposed the motion and submitted affidavits supporting her response.
[¶4] On July 29, 2010, the district court entered an order denying an evidentiary hearing, finding Schumacker did not establish a prima facie case for modification of primary residential responsibility and finding ...