Falcon v. Knudsen

Citations

• 990 N.W.2d 749
• 2023 ND 94

Syllabus

A district court order finding appellant did not establish a prima facie case for modification of primary residential responsibility and denying his motion to modify primary residential responsibility is affirmed. A trial court makes no findings of fact when reviewing a party's affidavits accompanying a motion to modify custody. Determination of whether the movant established a prima facie case entitling him to an evidentiary hearing is a question of law. A district court's order finding a movant did not establish a prima facie case for a change of primary residential responsibility is reviewed de novo. A district court order denying appellant's motion to disqualify appellee's counsel is affirmed.