Schmidt v. Schmidt, 20020202.
Citation | 2003 ND 55,660 N.W.2d 196 |
Decision Date | 15 April 2003 |
Docket Number | No. 20020202.,20020202. |
Parties | MaLaura SCHMIDT, Plaintiff and Appellant, v. Warren A. SCHMIDT, Defendant and Appellee. |
Court | United States State Supreme Court of North Dakota |
Robert S. Rau, Bosard, McCutcheon & Rau, Ltd., Minot, ND, for plaintiff and appellant.
Chad C. Nodland, Chad C. Nodland, Bismarck, ND, for defendant and appellee.
[¶ 1] MaLaura Schmidt ("Lauri") appealed from the judgment entered in her divorce action against Warren A. Schmidt. We conclude the trial court's findings of fact on child custody and visitation are not clearly erroneous, and we affirm.
[¶ 2] The parties married in 1996. The family lived on a farm near Max. Warren farmed throughout the marriage. Lauri worked part-time at a Max bank after the parties married and later worked in a Minot law office. Lauri stayed home for about eight weeks after their son, Trevor, was born in 1998. While the parties were working, Trevor went to a daycare provider near Max, but spent one day a week with Warren's mother.
[¶ 3] Lauri sued for a divorce in August of 2001, and moved out of the marital home in September. At an interim order hearing, Lauri testified she had leased a home at Prairie View Heights 15 miles south of Minot. The trial court issued an interim order providing, in part: (1) the parties had custody of Trevor on alternating weekends; (2) Warren had custody of Trevor during the daytime Monday through Friday, while Lauri had custody of Trevor in the evenings; and (3) "Daycare for Trevor shall remain with his previously established daycare provider unless the parties otherwise jointly agree." The judgment granted the parties a divorce, awarded primary physical custody of Trevor to Warren, provided Lauri with visitation, ordered Lauri to pay child support, awarded Lauri spousal support for 30 months, and divided the parties' marital property and debts. [¶ 4] On appeal, Lauri contends the trial court erred in its custody and visitation determinations. She also requests attorney fees.
[¶ 5] We exercise a limited review of child custody awards in divorce cases. Stoppler v. Stoppler, 2001 ND 148, ¶ 7, 633 N.W.2d 142. A custody determination is a finding of fact that will not be set aside on appeal unless it is clearly erroneous. Id. Before we can determine if findings of fact are clearly erroneous, we must understand the basis for the trial court's decision. In re Griffey, 2002 ND 160, ¶ 8, 652 N.W.2d 351. A trial court's findings of fact are presumptively correct, and we view the evidence in the light most favorable to the findings. Stoppler, at ¶ 7.
[¶ 6] Under N.D.C.C. § 14-09-06.1, the trial court must award the custody of an unmarried minor child "to a person, agency, organization, or institution as will, in the opinion of the judge, promote the best interests and welfare of the child." In making an initial custody determination, a trial court must consider all of the factors specified in N.D.C.C. § 14-09-06.2(1) and base its decision on the best interests and welfare of the child. Stoppler, 2001 ND 148, ¶ 5, 633 N.W.2d 142. Section 14-09-06.2(1), N.D.C.C., provides, in part:
Although a separate finding is not required for each factor under N.D.C.C. § 14-09-06.2(1), the trial court's findings should be stated with sufficient specificity to enable a reviewing court to understand the factual basis for the court's decision. Griffey, 2002 ND 160, ¶ 8, 652 N.W.2d 351.
[¶ 7] In considering the factors specified by N.D.C.C. § 14-09-06.2(1), the trial court found one, factor c, slightly favored Lauri; found factors a and e favored Warren; found factor k strongly favored Warren; and found the other factors favored neither party, or were not factors in the court's decision. Because Lauri contends the trial court's custody award is clearly erroneous, we quote the court's findings on the factors favoring Warren at length:
[¶ 8] The trial court concluded Trevor's interests would be best served by granting Warren custody of Trevor:
Determining a child's best interests involves more than adding up legislatively enacted "best interest factors" although, arguably, the greater numbers of factors seem to favor Warren. Because of Trevor's age, I am convinced that bonding is of particular importance. Although there is obviously love between Trevor and Lauri, I am impressed by the degree of bonding between Trevor, Warren and Warren's extended family. Both Lauri and Warren are good parents. Each has their strengths and weaknesses. However, after considering all of the evidence, I am of a...
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