Appeal from the District Court of Emmons County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.
The opinion of the court was delivered by: VandeWalle, Chief Justice.
This opinion is subject to petition for rehearing. [Go to Documents]
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Opinion of the Court by VandeWalle, Chief Justice.
[¶1] Charles J. Frison appealed from a district court order denying his motion to amend judgment. Frison sought to modify the residential responsibility of his minor child with Stacey Ohlhauser and the associated child support obligation. We affirm.
[¶2] Frison and Ohlhauser, who were never married, had a child, W.H.O., in 1998. That year, Frison filed a complaint seeking visitation rights. In January 1999, the district court filed a judgment granting Ohlhauser residential responsibility of W.H.O., establishing a visitation schedule for Frison, and ordering Frison to pay child support. The judgment was amended in 1999, 2003, and 2004 to modify either the visitation schedule, Frison's child support obligation, or both. In December 2010, Frison moved to amend judgment, seeking modification of residential responsibility of W.H.O. Frison claimed a material change in circumstances had occurred because Ohlhauser was not properly feeding W.H.O., and Ohlhauser refused to remove a cat from her home despite the fact that W.H.O. is severely allergic to cats. A hearing on the motion was held on June 28, 2011. At the beginning of the hearing, the district court informed the parties that the hearing would focus on the two issues raised in Frison's brief. W.H.O., Frison, and Ohlhauser testified.
[¶3] On July 7, 2011, the district court issued an order denying Frison's motion to amend judgment. The district court noted there was contradictory testimony regarding whether W.H.O. was being properly fed, and no independent evidence was presented to corroborate this assertion. The court also noted the cat had been removed from the home several months prior to the hearing, and Ohlhauser testified she cleaned her home to the best of her ability after the cat was removed. The district court found Frison failed to establish a material change in circumstances had occurred.
[¶4] Frison argues the district court erred in ruling that no material change in ...