Bubel v. Bubel
Citation | 969 N.W.2d 468 |
Decision Date | 21 January 2022 |
Docket Number | No. 20210263,20210263 |
Parties | Laura BUBEL, Plaintiff and Appellant v. Joshua BUBEL, Defendant and Appellee and State of North Dakota, Statutory Real Party in Interest |
Court | United States State Supreme Court of North Dakota |
Elise A. Fischer (argued), and Theresa L. Kellington (on brief), Bismarck, ND, for plaintiff and appellant.
Kristin A. Redmann, Mandan, ND, for defendant and appellee.
[¶1] Laura Bubel appeals from a district court order denying her motion to modify joint residential responsibility to primary residential responsibility. On appeal, Laura Bubel argues the court erred in concluding she failed to present a prima facie case requiring modification.
[¶2] Under N.D.C.C. § 14-09-06.6(4), the district court must deny a motion to modify primary residential responsibility unless the court finds the moving party has established a prima facie case justifying a modification. A prima facie case "consists of facts sufficient to support a finding of a material change in circumstances and that a change in residential responsibility is necessary to serve the best interests of the child." Klundt v. Benjamin , 2021 ND 149, ¶ 7, 963 N.W.2d 278. A prima facie case justifying a modification of primary residential responsibility and, therefore, an evidentiary hearing, is established by a material change in circumstances "which either ‘requires’ a change of custody for the child's best interests or ‘fosters’ or ‘serves’ the child's best interests." Schroeder v. Schroeder , 2014 ND 106, ¶ 7, 846 N.W.2d 716. In cases involving a motion to modify joint residential responsibility under N.D.C.C. § 14-09-06.6(6), the movant must show a material change in circumstances and show modification is necessary to serve the best interests of the child; however, in the context of a relocation case, the movant is not required to show the material change has adversely impacted the child. Kunz v. Slappy , 2021 ND 186, ¶ 22, 965 N.W.2d 408 (Dunn v. Dunn , 2009 ND 193, ¶ 11, 775 N.W.2d 486 ) .
[¶3] We need not address whether Laura Bubel has demonstrated a material change in circumstances, because under our de novo standard of review she has not shown how a change to primary residential responsibility is necessary to serve the best interests of the child. See Johnshoy v. Johnshoy , 2021 ND 108, ¶ 9, 961 N.W.2d 282 ( ). Laura Bubel has therefore failed to establish a prima facie case for modification...
To continue reading
Request your trial-
Falcon v. Knudsen
...Knudsen failed to establish a prima facie case modification is in the best interests of the child. See Bubel v. Bubel, 2022 ND 23, ¶ 3, 969 N.W.2d 468 (concluding "[w]e need address whether [the movant] has demonstrated a material change in circumstances, because under our de novo standard ......
- Friesz v. State