February 12, 2015
Melissa J. Haugen, f/k/a Melissa J. Simmons, Plaintiff and Appellant
James M. Simmons, Defendant and Appellee and State of North Dakota, Statutory Real Party in Interest
Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Jon J. Jensen, Judge.
Rhiannon L. Gorham, Grand Forks, ND, for plaintiff and appellant; submitted on brief.
Jacey L. Johnston, Grand Forks, ND, for defendant and appellee; submitted on brief.
Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom.
[¶1] Melissa Haugen appeals from a district court judgment awarding James Simmons primary residential responsibility of their two minor children. Haugen argues the district court erred in applying the best interest factors and in awarding primary residential responsibility to Simmons. Simmons argues the appeal was frivolous and requests attorney fees on appeal under N.D.R.App.P. 38. We conclude the district court's findings on the best interest factors and its determination to award Simmons primary residential responsibility of the children were not clearly erroneous. We summarily affirm the judgment under N.D.R.App.P. 35.1(a)(2). Because the appeal is not frivolous, we decline to award Simmons attorney fees.
[¶2] Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom