from the District Court of Stark County, Southwest Judicial
District, the Honorable William A. Herauf, Judge.
Nyberg, Fargo, N.D., for plaintiff and appellant.
Jennifer M. Gooss, Beulah, N.D., for defendant and appellee.
1] Trevor Rustad appeals from the district court's
judgment granting primary residential responsibility of his
two children to their mother, Mary Baumgartner, and setting a
parenting time plan for Rustad. He argues the district
court's judgment was clearly erroneous because the court
did not include in its analysis or findings evidence that was
beneficial to him or detrimental to Baumgartner. We affirm
the judgment granting primary residential responsibility to
Baumgartner but reverse the parenting time plan and remand
for further proceedings consistent with this opinion.
2] Rustad and Baumgartner met online in March 2014. They
never married but did live together until Baumgartner moved
to Glasgow, Montana, in January 2017. The parties have two
minor children: L.B.R. born in 2015, and L.J.B. born in 2017.
Rustad is employed as an electrician, and at the time of
trial Baumgartner was not employed but had previously been
employed as a teacher. When L.B.R. was born, the parties
agreed that Baumgartner would be a stay-at-home mom while
Rustad would continue to work. From January 2017, when
Baumgartner moved to Montana, to October 2017, Rustad made
the 500-mile round trip from Dickinson to Glasgow
approximately 17 times.
3] Rustad filed his complaint in April 2017 to determine a
custody arrangement. After trial, the district court granted
Baumgartner primary residential responsibility for the two
children and awarded Rustad the following parenting time
Trevor [Rustad] shall have parenting time with the children
every other weekend.
a. Until the Child(ren) are three (3) years old, Trevor's
parenting time shall be up to eight (8) hours a day every
other weekend, with no overnight parenting time. However,
until L.J.B. is nine (9) months old, parenting time shall be
in up to four (4) hour increments. All parenting time shall
be in Glasgow, MT, unless otherwise agreed by the parties.
b. Once the child(ren) are three (3) years old, Trevor shall
have parenting time every other weekend from 10:00am on
Saturday to 4:00pm on Sunday.
c. Once the child(ren) are five (5) years old, Trevor shall
have parenting time every other weekend for a period of 48
hours and additional parenting time in the summer as the
In addition, the court awarded alternating holidays and