Johnson v. Staiger

Citations

• 2025 ND 198

Syllabus

District courts may properly consider a parent's alcohol abuse and act of driving under the influence when determining whether a material change of circumstances exists. However, our cases do not show an isolated incident of a parent driving under the influence automatically mandates a finding of a material change of circumstances. A party may not challenge prior unappealed parenting time requirements in an appeal of a subsequent order modifying parenting time. Under N.D.R.Ct. 3.2(a)(2), a district court errs in not allowing a party the opportunity to file a reply brief; however, a court may remedy the premature issuance of an order by subsequently reviewing a timely submitted reply brief to determine whether it impacts the court's decision. A district court does not abuse its discretion by denying a motion under N.D.R.Civ.P. 60(b) when the movant does not identify or argue a specific ground for relief under N.D.R.Civ.P. 60(b).