Weber v. Pennington

Citations

• 2025 ND 105

Syllabus

A party seeking modification of primary residential responsibility two years after entry of the prior order establishing primary residential responsibility must establish a prima facie case justifying modification. A party must show a material change in circumstances and either a general decline in the condition of the child or that the material change has adversely affected the child. A party moving for primary residential responsibility is entitled to an evidentiary hearing only if new facts have arisen since the prior order constituting a material change of circumstances, and if modification serves the best interests of the child. Parents have a mutual responsibility to provide support for their children regardless of if the need arises during a parent's specified parenting time. A party must show a child has been adversely affected for there to be a material change in circumstances which warrants modification of the residential responsibility order.