Lyn C. Schroeder, n/k/a Lyn C. Karjalainen, Plaintiff and Appellant
Travis L. Schroeder, Defendant and Appellee
Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Harlan Patrick Weir, Surrogate Judge on Assignment to the Northeast Central Judicial District.
Tracy J. Lyson, Fargo, ND, for plaintiff and appellant.
Sarah W. Gereszek, Grand Forks, ND, for defendant and appellee.
Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner, Gerald W. VandeWalle, C.J. Opinion of the Court by McEvers, Justice.
[¶1] Lyn Karjalainen, formerly known as Lyn Schroeder, appeals the district court order denying her motion to amend the amended divorce judgment granting Travis Schroeder primary residential responsibility of their children. Karjalainen argues she established a prima facie case for a change in primary residential responsibility and, therefore, is entitled to an evidentiary hearing. We affirm, concluding the district court did not err in determining Karjalainen established a material change of circumstances had occurred but failed to establish a prima facie case that modification is necessary to serve the best interests of T.S. and A.S.
[¶2] Karjalainen and Schroeder were married in June 1999. They have two children, T.S., born in 2000, and A.S., born in 2002. In June 2007, a divorce judgment
was entered incorporating the parties' stipulated agreement. Under the stipulation, the judgment awarded Karjalainen and Schroeder joint legal and physical custody of T.S. and A.S.
[¶3] In March 2009, Karjalainen moved to change custody and relocate T.S. and A.S. to Sioux Falls, South Dakota. Schroeder opposed Karjalainen's motion and requested an award of primary residential responsibility. The parties filed a stipulation of significant change of circumstances requiring a change of custody. In December 2009, a hearing on this matter occurred. On February 4, 2010, the district court entered an amended judgment that awarded Schroeder primary residential ...