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.
Judges: Crothers, Daniel John
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3 cases in this archive cite this case.
Cites
25 cases in this archive are cited by this case; the 20 most cited are listed.
- D'Onofrio v. D'OnofrioNew Jersey Superior Court App Division· 1976-09-01· cited 180×
- Stout v. StoutNorth Dakota Supreme Court· 1997-04-01· cited 120×
- Tank v. TankNorth Dakota Supreme Court· 2004-01-20· cited 43×
- Kartes v. KartesNorth Dakota Supreme Court· 2013-06-19· cited 33×
- Ehli v. JoyceNorth Dakota Supreme Court· 2010-10-19· cited 26×
- Schroeder v. SchroederNorth Dakota Supreme Court· 2014-05-28· cited 21×
- Volz v. PetersonNorth Dakota Supreme Court· 2003-08-20· cited 20×
- Sweeney v. KirbyNorth Dakota Supreme Court· 2013-01-23· cited 18×
- Slappy v. SlappyNorth Dakota Supreme Court· 2021-10-14· cited 17×
- Johnshoy v. JohnshoyNorth Dakota Supreme Court· 2021-06-24· cited 14×
- Kerzmann v. KerzmannNorth Dakota Supreme Court· 2021-10-14· cited 13×
- Gomm v. WinterfeldtNorth Dakota Supreme Court· 2022-09-29· cited 9×
- Solwey v. SolweyNorth Dakota Supreme Court· 2016-12-20· cited 8×
- Klundt v. BenjaminNorth Dakota Supreme Court· 2021-08-05· cited 8×
- McCay v. McCayNorth Dakota Supreme Court· 2024-07-05· cited 7×
- Anderson v. SpitzerNorth Dakota Supreme Court· 2022-05-26· cited 6×
- Scherling v. ScherlingNorth Dakota Supreme Court· 1995-04-13· cited 5×
- Matter of CPNew Mexico Court of Appeals· 1985-10-29· cited 4×
- Ritter v. RitterNorth Dakota Supreme Court· 2016-01-14· cited 4×
- In re James R.NYC Family Court· 1997-06-04· cited 4×
Sourced from CourtListener / Free Law Project (CC0).
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