Johnshoy v. Johnshoy

Citations

• 961 N.W.2d 282
• 2021 ND 108

Syllabus

A prima facie case consists of factual allegations sufficient to support a finding of a material change in circumstances and that a change is necessary to serve the best interests of the child. A \material change\ is an important new fact that was unknown at the time of the prior custody decision. To establish a prima facie case that modification is necessary to serve the best interests of the children requires more than the improved circumstances of the party moving to modify primary residential responsibility. The preference of a mature child may be particularly significant to the trial court, both in determining whether there has been a significant change of circumstances and in determining the best interests of the child. The maturity of the child is a factually driven issue and will depend on the facts and circumstances of the case. The court should consider a mature child's preference only if there are persuasive reasons for that preference.