Leppert v. Leppert, 930248
| Citation | 519 N.W.2d 287 |
| Decision Date | 08 July 1994 |
| Docket Number | No. 930248,930248 |
| Parties | Joel L. LEPPERT, Plaintiff and Appellant, v. Quinta R. LEPPERT, Defendant and Appellee. Civ. |
| Court | United States State Supreme Court of North Dakota |
Joseph F. Larson II (argued), Jamestown, for plaintiff and appellant.
Quinta R. Leppert, pro se.
Joel Leppert appeals from a divorce judgment awarding physical custody of his three youngest children to their mother, Quinta Leppert. We reverse and remand to the district court.
Joel and Quinta were married June 18, 1984. Five children were born of this marriage: James J. Leppert, born August 7, 1985, Stephanie J. Leppert, born May 25, 1987, Mary A. Leppert, born November 10, 1988, Thomas A. Leppert, born March 12, 1990, and Michele S. Leppert, born May 20, 1991. Joel filed for divorce on November 5, 1991. On November 6, 1991, Judge Gordon Hoberg issued an interim order granting temporary physical custody of the five children to Joel. On January 14, 1992, Judge Mikal Simonson issued an amended order granting temporary physical custody of the three youngest children to Quinta, with the physical custody of the two older children alternating between the parents on a bimonthly basis.
The divorce trial was held on January 25, 26, and 27, 1993, and March 11 and 12, 1993. A variety of witnesses testified during the trial, including: both parents, Joel and Quinta Leppert; both paternal grandparents, Roger and Delores Leppert; Quinta's father, Gordon Winrod; James and Stephanie's teachers, Kristi Kumpf and Deborah Schott; Joel's brothers; Quinta's sisters and brothers; and the court appointed guardian ad litem, Dr. Robert Packard.
The guardian recommended custody of all five of the children should be with Joel, allowing for limited periods of visitation with Quinta. Concluding his report, the guardian stated "Quinta, despite her many admirable traits, is likely to provide parenting that is in several crucial respects, extremely dangerous to the children's psychological and emotional health, personality and characterological development, their physical well being and even their life."
One of the guardian's primary concerns was the harmful impact of Quinta's beliefs and resulting actions. Specifically, Quinta is a devout follower of the teachings of her father, Gordon Winrod (Winrod). Her father is the supreme leader of his own religious sect known as Our Savior's Church. In all, Gordon Winrod has about 100 followers. His church is not affiliated with any religious denomination, but purports to follow the teachings of the Bible.
Winrod and his followers believe there are only two types of people in the world: God's enemies, and those who are obedient to God. Those who do not follow Winrod's teachings Joel was at one time a follower of Winrod, but has since stopped following his teachings. Since the marital separation, Quinta has moved to live with her father and several of his followers in a commune-like residence in Gainsville, Missouri. Joel has continued to live and work on the Leppert family farm in Dickey, North Dakota.
are not obedient to God, and they are consequently evil, and are to be hated as God's enemies. 1 Testimony at trial stated Winrod teaches lying to God's enemies, stealing from God's enemies, and violent behavior toward God's enemies. He also rejects the authority of governments, and his followers therefore refuse to pay taxes, refuse to register with selective service, ignore hunting and fishing regulations, and refuse to buy liability insurance on their vehicles as required by law. Quinta believes she has a duty to raise her children to follow Winrod. She insists that her children adopt all of his teachings and beliefs
Prior to the separation, Quinta home-schooled the two oldest children. Since the separation, Joel enrolled the two oldest children in public school in Jud, North Dakota. When the children enrolled in classes, evaluation assessments showed James' reading and writing skills were significantly below the norm for his age. 2 The children's social skills lagged far behind those of their classmates. 3
Testimony was introduced at trial that supported Joel's contention that Quinta was attempting to poison the children's relationship with Joel and his family. Tape recorded telephone conversations between Quinta and the two oldest children, James and Stephanie, include statements by Quinta, such as:
* * * * * * "...
Joel also testified that the younger children started to exhibit behavior that suggests Quinta is poisoning them against Joel as well.
Home studies were conducted both in Quinta's home in Missouri, and Joel's home in North Dakota. The results of the studies were that both households would be adequate for raising the five children.
Upon completion of the trial, a memorandum opinion was issued on March 30, 1993. Quinta was granted custody of the three youngest children, and Joel was granted custody of the two oldest. The two oldest children were to visit Quinta for their entire winter holiday vacation, and from July 1 through August 31 of each year. The three youngest children would visit with Joel for eight hours each year: two hours each time he dropped off the older children, and two hours each time he picked them up. The findings of fact, conclusions of law, and order for judgment were entered on May 28, 1993. The judgment was entered on June 1, 1993. This timely appeal followed.
Two issues are raised on appeal: first, whether the district court's decision to grant custody of the three youngest children to Quinta was clearly erroneous, and second, whether the district court's decision regarding visitation was clearly erroneous. Since we hold the custody award was clearly erroneous, we remand for the district court to redetermine child support and visitation.
Child custody determinations are findings of fact. N.D.R.Civ.P. Rule 52(a); e.g., Weber v. Weber, 512 N.W.2d 723, 726 (N.D.1994). On appeal, findings of fact are not disturbed unless clearly erroneous. Rule 52(a); e.g., Weber, 512 N.W.2d at 726. "A finding of fact is clearly erroneous if the reviewing court is left with a definite and firm conviction that a mistake has been made, or if the finding was induced by an erroneous view of the law." Reede v. Steen, 461 N.W.2d 438, 440 (N.D.1990) (citing Mertz v. Mertz, 439 N.W.2d 94, 96 (N.D.1989).
Joel argues that the trial court clearly made a mistake when it awarded custody of the three youngest children to Quinta. Specifically, he argues the court erred when it refused to consider the harmful impact of Quinta's beliefs when determining the best interests of the children. We agree.
In its memorandum opinion, the trial court clearly addressed each of the enumerated factors of our best interests statute. NDCC Sec. 14-09-06.2. Subsection (f) of the best interests statute is entitled "moral fitness of the parents." See Sec. 14-09-06.2(1)(f). Addressing this subsection, quoting Hanson v. Hanson, 404 N.W.2d 460 (N.D.1987), the district court stated "that physical and [sic] emotional harm must be clearly shown, before religious beliefs may become a determining factor" in the best interests of the child analysis, but went on to find that there was not a clear showing of physical and emotional harm to the children from Quinta's practices and beliefs. We cannot agree. The guardian's report unequivocally stated that Quinta's parenting, because of her beliefs, constituted an extreme danger to the children, both physically and emotionally. Based upon such a record, the district court's finding is clearly erroneous.
Although we agree with the district court that Quinta must not be discounted from consideration as a custodial parent simply because of her religious beliefs, this does not mean her religiously motivated actions, which are emotionally and physically harmful to the children, should be ignored when determining the children's best interests. Such a holding would immunize from consideration all religiously motivated acts, no matter what their impact on the children. Carl E. Schneider, Religion and Child Custody, 25 U.Mich.J.L.Ref. 879, 888 (1992). Almost all of the behavior of members of "other-worldly" sects would be excluded from consideration. Id. Not only would we be ignoring the best...
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