Carlson v. Carlson

Citations

• 2020 ND 57

Syllabus

Section 14-09-06.2(1)(j), N.D.C.C., creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met. If competent evidence of domestic violence does not trigger the statutory presumption, the violence must be considered as one factor in deciding primary residential responsibility. A district court's findings and conclusions regarding the presumption should be sufficiently detailed to allow this Court to understand the basis for its decision.