Kinden v. Kinden, et al.

Citations

• 2025 ND 68

Syllabus

A district court's order and judgment awarding primary residential responsibility is affirmed. Section 14-09-06.6, N.D.C.C., governs modifications of primary residential responsibility. When a party moves to modify a judgment awarding joint residential responsibility, N.D.C.C. § 14-09-06.6 does not apply. The district court must instead make an original determination regarding primary residential responsibility. We will not retry a primary residential responsibility case or substitute our judgment for a district court's initial primary residential responsibility decision merely because we might have reached a different result. A choice between two permissible views of the weight of the evidence is not clearly erroneous, and our deferential review is especially applicable for a difficult primary residential responsibility decision involving two fit parents.