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Mairs v. Mairs

Supreme Court of North Dakota

June 24, 2014

Holly K. Mairs k/n/a Holly K. Aker, Plaintiff and Appellee
v.
Robbie R. Mairs, Defendant and Appellant

Page 786

Appeal from the District Court of Ransom County, Southeast Judicial District, the Honorable Jay A. Schmitz, Judge.

AFFIRMED.

Tracey R. Lindberg, Breckenridge, Minn., for plaintiff and appellee.

Tyler S. Carlson (argued) and Krista L. Andrews (on brief), Fargo, N.D., for defendant and appellant.

Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Gerald W. VandeWalle, C.J. Opinion of the Court by Sandstrom, Justice.

OPINION

Page 787

Sandstrom, Justice.

[¶1] Robbie Mairs appeals from an amended judgment modifying residential responsibility and awarding Holly Mairs, now known as Holly Aker (" Aker" ), primary residential responsibility of the parties' two children. We conclude the district court did not err in modifying residential responsibility and awarding Aker primary residential responsibility of the parties' two children. We affirm.

I

[¶2] In May 2011, Mairs and Aker were divorced in a judgment which incorporated the terms of the parties' stipulation. The parties agreed to a parenting plan providing for joint residential responsibility of their two minor children. At the time of the divorce, both Mairs and Aker lived near Gwinner. In January 2012, Aker moved from North Dakota to Sioux Falls, South Dakota. Although neither party initially sought to amend the divorce judgment following Aker's move, the parties " settled into a practice" of Aker having parenting time every weekend during the school year, in addition to parenting time during any extended school breaks and all summer.

[¶3] In November 2012, Mairs moved the district court to amend residential responsibility and parenting time, requesting primary residential responsibility of the two children. Aker opposed the motion and also moved for primary residential responsibility. In December 2012, the court held that a prima facie case for modification of primary residential responsibility had been established and ordered an evidentiary hearing be held. In March 2013, the court entered an interim order setting weekend parenting time for Aker. After an April 2013 hearing, the district court ordered the parties and one of the

Page 788

children to undergo additional counseling to address the parental liabilities identified in the ...


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