Klundt v. Benjamin
| Decision Date | 27 June 2019 |
| Docket Number | No. 20180419,20180419 |
| Citation | 930 N.W.2d 116 |
| Parties | James F. KLUNDT, Plaintiff and Appellee v. Rebecca L. BENJAMIN, Defendant and Appellant |
| Court | North Dakota Supreme Court |
Erin M. Conroy, Bottineau, ND, for plaintiff and appellee.
Caitlyn A. Pierson, Minot, ND, for defendant and appellant.
[¶1] Rebecca Benjamin appeals from a district court’s judgment awarding primary residential responsibility of the minor child P.J.K. to James Klundt and changing the child’s last name to Klundt. We affirm the judgment as to primary residential responsibility and reverse the court’s judgment regarding its sua sponte change of the minor child’s last name.
[¶2] Benjamin and Klundt are the biological parents of P.J.K., who was born in 2012. Benjamin was initially the primary caregiver for P.J.K. Benjamin eventually relocated from North Dakota to Tennessee and then Michigan. In 2016, Benjamin moved back to North Dakota and an informal fifty-fifty custody arrangement was agreed upon by both parties. These arrangements were all informal and followed by the parties without a judicial order.
[¶3] In 2017, Benjamin notified Klundt she intended to move with her fiancé to South Africa for roughly two years and planned to take P.J.K. with her. Klundt objected to the move and petitioned the district court for primary residential responsibility of P.J.K. The parties reached an interim agreement allowing Benjamin to move to South Africa with Klundt receiving summer parenting time. The interim agreement also provided that an evidentiary hearing would be held in 2018 regarding primary residential responsibility for P.J.K. Benjamin resided in South Africa for roughly three months before moving back to Michigan to reside with her parents.
[¶4] In July 2018, an evidentiary hearing was held regarding primary residential responsibility. Benjamin wanted to be allowed to move with P.J.K. to Michigan. Because Benjamin’s relocation request had not been properly noticed or briefed, the request to relocate was not considered by the district court. During the hearing, each party presented evidence and exhibits suggesting they should be awarded primary residential responsibility of P.J.K. Near the end of the hearing, the district court sua sponte announced the minor child’s last name would be changed from Benjamin to Klundt.
[¶5] In August 2018, the district court entered its findings of fact, conclusions of law, and order awarding Klundt primary residential responsibility of P.J.K. A judgment reflecting the order was entered the same day. On appeal, Benjamin argues the court erred in awarding primary residential responsibility of P.J.K. to Klundt and by sua sponte changing the last name of the minor child.
[¶6] Benjamin argues the district court erred in its analysis of the best interest factors and by awarding primary residential responsibility to Klundt. "A district court’s award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous." Morris v. Moller , 2012 ND 74, ¶ 5, 815 N.W.2d 266. "A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if no evidence exists to support it, or, although there is some evidence to support it, on the entire record, we are left with a definite and firm conviction a mistake has been made." Id. (quoting Doll v. Doll , 2011 ND 24, ¶ 6, 794 N.W.2d 425 ). In reviewing a district court decision, this Court "will not retry a custody case or substitute our judgment for a district court’s initial custody decision merely because we might have reached a different result." Marsden v. Koop , 2010 ND 196, ¶ 8, 789 N.W.2d 531 (quoting Heinle v. Heinle , 2010 ND 5, ¶ 6, 777 N.W.2d 590 ). "This is particularly relevant for custody decisions involving two fit parents." Id.
[¶7] "District courts must award primary residential responsibility of children to the party who will best promote the children’s best interests and welfare." Morris , 2012 ND 74, ¶ 6, 815 N.W.2d 266.
"A district court has broad discretion in awarding primary residential responsibility, but the court must consider all of the relevant factors under N.D.C.C. § 14-09-06.2(1)." Id. The district court found factors (d) and (e) favored Klundt, and the rest of the factors were inapplicable or favored neither party. Benjamin argues the court’s analysis of best interest factors (a), (b), (d), (e), (f), and (g), its decision to separate siblings, and its final conclusion as to residential responsibility, were clearly erroneous.
[¶8] Benjamin argues the district court erred in finding factor (a) favored neither party. Factor (a) requires the district court to consider "the love, affection, and other emotional ties existing between the parents and child and the ability of each parent to provide the child with nurture, love, affection, and guidance." N.D.C.C. § 14-09-06.2(1)(a). In its factual findings, the court stated,
[¶9] Benjamin asserts because she has spent more time caring for P.J.K., factor (a) should favor her. Benjamin cites Datz v. Dosch as authority supporting her position the district court erred in finding factor (a) to favor neither party. 2013 ND 148, 836 N.W.2d 598. In Datz , the district court found that one party relying on a nanny to care for children an excessive amount of time was relevant to factor (a). Id. at ¶ 13. However, our holding in Datz does not support a generalized rule that an individual who spends more time caring for a child should be favored with respect to factor (a).
[¶10] The record reveals both parents care greatly about P.J.K. While Klundt admitted not being present in P.J.K.’s initial years due to personal issues, he eventually requested and received an informal fifty-fifty custody arrangement. Testimony indicates Klundt also helped out with P.J.K. during Benjamin’s parenting time. Klundt described different activities he and P.J.K. enjoy doing together and appears to care about P.J.K. a great deal. The district court’s finding that factor (a) favored neither party was not induced by an erroneous view of the law, there is evidence in the record to support the finding, and this Court is not left with a definite and firm conviction a mistake has been made.
[¶11] Benjamin argues Klundt’s history of drinking and driving, especially with their son, requires factor (b) to be weighed in her favor. Factor (b) requires the district court to consider "[t]he ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment." N.D.C.C. § 14-09-06.2(1)(b). The court discussed this factor at great length and found factor (b) to favor neither party.
[¶12] The district court acknowledged Klundt’s history with alcohol throughout its order. The court noted its concern with Klundt’s prior decision to drink and drive with P.J.K. in the vehicle. However, the court also expressed concern with Benjamin’s lack of initial concern with this matter. Benjamin failed to notify the police or request supervised visitation though she was aware of the incident. The court ultimately found there were no current safety issues with the home environment provided by Klundt and found a similar incident was "unlikely to occur in the future."
[¶13] The district court believed Klundt had once driven while intoxicated with P.J.K. in the vehicle and found Benjamin’s other accusations to lack credibility. This Court "will not retry a custody case or substitute our judgment for a district court’s initial custody decision merely because we might have reached a different result." Marsden , 2010 ND 196, ¶ 8, 789 N.W.2d 531. While Klundt’s prior actions are concerning, the court explained its reasoning behind its conclusion that a similar incident was unlikely to occur again. The court also highlighted its concern that Benjamin only made Klundt’s prior drinking and driving with P.J.K. an issue when residential responsibility became contested. The court’s finding that factor (b) favored neither party was not induced by an erroneous view of the law, there is evidence in the record to support the finding, and this Court is not left with a definite and firm conviction a mistake has been made.
[¶14] Benjamin argues the district court erred in finding factor (d) favored Klundt. Factor (d) requires the court to consider the "sufficiency and stability of each parent’s home environment, the impact of extended family, the length of time the child has lived in each parent’s home, and the desirability of maintaining continuity in the child’s home and community." N.D.C.C. § 14-09-06.2(1)(d). With respect to factor (d), the district court made several findings. The court found Benjamin to have moved the child multiple times, once to a different country, and was concerned about Benjamin’s penchant for uprooting P.J.K. The court also found Benjamin had a history of using P.J.K. as a pawn during disagreements and was willing to expose the minor child to conflict. Benjamin asserts the court ignored evidence which should have resulted in factor (d) favoring her. She claims Klundt has lived a similarly nomadic lifestyle, and the court did not consider her close-knit family.
[¶15] The record indicates while Klundt has moved, he has always remained in North Dakota, close to his family. In contrast, Benjamin has moved much greater distances and does not have a history of staying in one area for an extended period of time. Benjamin also ignores the district court’s finding she had a history of using P.J.K. as a pawn during disagreements and was willing to expose the minor child to conflict. The trial evidence included text messages and pictures sent to Klundt and Klundt’s mother evidencing Benjamin’s willingness to involve P.J.K. in conflict or threaten to negatively affect Klundt’s...
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