Brouillet v. Brouillet

2016 ND 40, 875 N.W.2d 485, 2016 N.D. LEXIS 24, 2016 WL 659137
CourtNorth Dakota Supreme Court
DecidedFebruary 18, 2016
Docket20150097
StatusPublished
Cited by15 cases

This text of 2016 ND 40 (Brouillet v. Brouillet) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brouillet v. Brouillet, 2016 ND 40, 875 N.W.2d 485, 2016 N.D. LEXIS 24, 2016 WL 659137 (N.D. 2016).

Opinion

SANDSTROM, Justice.

[¶ 1] Marsha Brouillet appeals from a divorce judgment' that granted primary residential responsibility for the parties’ two younger children to Bradley Brouillet, awarded him child support, and divided the parties’ marital estate. We conclude the district court’s award of primary residential responsibility for the two children, finding of Marsha Brouillet’s income in *488 awarding child support, and distribution of marital assets and debts are supported by the record. We affirm,

I

[If 2] Bradley and Marsha* Brouillet were married in September 2008: He was 33, and she'was 32 years old at the time of trial. The parties had resided together since 2002, separating in 2013, and'had two children together, born in 2010 and 2006. Marsha Brouillet also had a child born in 2003. At the time of trial, the oldest child believed Bradley Brouillet was her biological father, but in fact she has a different biological father, who is subject to a child support obligation. In October 2013, Bradley Brouillet sued for divorce. In December 2014, the district court held a ‘two-day bench trial.

[¶ 3] The. district court entered a divorce judgment dividing the parties’ assets and debts, granting Bradley Brouillet primary residential responsibility for the younger .two children with Marsha Brouil-let receiving parenting time, and ordering her to pay child support. While Marsha Brouillet retained primary residential responsibility for the oldest child, the court granted Bradley Brouillet parenting time with the oldest child as the child’s psychological parent.

•[¶ 4] The district court had jurisdiction under N.D. Const, art. VI, § 8, and N.D.C.C. § 27-05-06. The appeal is timely under N.D.R,App.P. 4(a). This Court has jurisdiction under N.D. Const, art. VI, §§ 2 and 6, and N.D.C.C. § 28-27-01.

II-/

[¶ 5] Marsha Brouillet argues the disr trict court erred in applying, the best interest of the child factors for determining primary residential ■ responsibility for the two younger children by granting Bradley Brouillet primary residential responsibility.

[if 6] Section 14-09-06.2(1), N.D.C.C., provides factors -for evaluating, the best interests and welfare of the child in awarding primary residential responsibility. The best-interest factors include:.

a. The love, affection, and other emo- - tional ties existing between the parents and child and the ability of each ■parent to provide the child with nurture, love, affection, and guidance.
b. The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment.
c. The child’s developmental needs and the ability of each parent to meet thpse needs, both in .the present and in the future.
d. The sufficiency and stability of each parent’s home environment, the impact of extended family, the length of time the child has lived in each parent’s home, and the desirability ' of maintaining continuity in the child’s home and community.
e. The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the .= child.
f. The moral fitness of the parents, as that fitness impacts ..the child.
g. The mental and physical, health of the parents, as. that health impacts the child.
h.. The home, school, and. community ■ records of the child and the poten- . tial effect of any .change.
i; If the court finds -by clear and convincing evidence that a child- is of . sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of *489 the mature child. The court also shall give due consideration to other, factors that may have affected the child’s preference, including whether the child’s preference was based on undesirable or improper influences.
j. Evidence of domestic violence.
fc. The interaction and interrelationship, or the potential for interaction and interrelationship, of the child with any person who resides in, is present, or frequents the household of a parent and who may significantly affect the child’s best inter-ests_
l. The making- of false allegations not made in good faith, by one parent against the other, of harm to a child as defined in section 50-25.1-02.
m. 'Any other factors considered by the court to be relevant to a particular parental rights and-responsibilities dispute.

N.D;C.C. § 14-09-06.2(1).

[¶ 7] Our standard of review on appeal from the district court’s decision on primary' residential responsibility' is well-established:

[The district] court’s award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous or it is not sufficiently specific to show the factual basis- for the decision. See, e.g., Rustad v. Rustad, 2013 ND 185, ¶ 5, 838 N.W.2d 421; Wolt v. Wolt, 2010 ND 26, ¶ 7, 778 N.W.2d 786. “A finding 'of fact is clearly erroneous if it is induced-'by an erroneous view of the law, if no evidence exists to support it, or, although there is some evidence to support it, on the entire record, we are left with a "definite and firm conviction a mistáke has been made.” Doll v. Doll, 2011 ND 24, ¶ 6, 794 N.W.2d 425. “Under the clearly erroneous standard, we do not reweigh the evidence nor reassess the credibility of witnesses, and we,will.not retry.a custody case or- substitute our judgment for a district court’s initial custody decision merely because we might have reached a different result.” Wolt, at ¶ 7 (quotation-marks omitted). The district court has substantial discretion in making.a custody determination,-but it must consider all of the best-interest factors. Id. at ¶ 9. “Although a separate finding is not required for each statutory factor,, the court’s findings must contain sufficient specificity, to show the factual basis for the custody decision.” Id.

Schlieve v. Schlieve, 2014 ND 107, ¶ 8, 846 N.W.2d 733.

[¶ 8] Marsha Brouillet argues the district court erred in granting Bradley Brouillet primary' residential responsibility, because it is in the children’s best interest to be. with her. She argues the court erréd by splitting the primary residential responsibility of thé three minor children between the parents, awarding the Oldest to her and the younger two children to'the father. She also contends the court erred in giving inadequate weight to the testimony of the ' oldest daughter.

[¶ 9] Marsha Brouillet essentially argues on appeal that the district court’s findings under the factors are clearly erroneous or the court improperly weighed the testimony.

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Cite This Page — Counsel Stack

Bluebook (online)
2016 ND 40, 875 N.W.2d 485, 2016 N.D. LEXIS 24, 2016 WL 659137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brouillet-v-brouillet-nd-2016.