Markestad v. Markestad, et al.

Citations

• 2025 ND 230

Syllabus

The district court must state its findings of fact with sufficient specificity to enable a reviewing court to understand the factual basis for its decisions. Under the clearly erroneous standard of review, we do not reweigh the evidence or reassess the credibility of witnesses, and we will not retry a custody case or substitute our judgment for the district court's decision merely because we might have reached a different result. A fit non-custodial parent is routinely awarded some form of extended summer visitation unless the court has reason to deny it. Appellate courts review the record and findings as a whole and if the controlling findings are supported by the evidence, they will be upheld on appeal notwithstanding immaterial misstatements in the lower court's decision. A party is not entitled to attorney's fees on appeal if the issue is inadequately briefed or the appeal is not frivolous