JONES V. JONES
542 N.W.2d 119 (1996)
NATURE OF THE CASE: Dawn Jones (W) sought review of a decision which granted custody of
the parties' minor children to Kevin Jones (H).
FACTS: H and W were married. H was thirty years old at time of trial and is an enrolled
member of the Sisseton-Wahpeton Dakota Nation. W was twenty-five years old at time of trial
and is Caucasian. The parties have three children, Lyndra, Elias and Desiree. The family
resided in a trailer house on the farm of H's parents. H is a minority shareholder in and
works for Penrhos Farms. Penrhos is a close family farm corporation, owned primarily by H's
father and his three uncles. W was a homemaker for a time and also held various jobs. She is
currently enrolled in a nursing program at the Sisseton-Wahpeton Community College. H is a
recovering alcoholic who, while drinking, exhibited a behavior of violence towards W and a
somewhat casual indifference to the children. He has been sober since December 1992 and
regularly attends and presents Alcoholics Anonymous meetings. W suffers from depression and
low self-esteem but is seeking counseling at this time. Both parties were granted a divorce
based upon mental cruelty. They were also granted joint legal custody of the children with
primary physical custody being awarded to H. W got rehabilitative alimony to allow her to
finish the nursing program. She was awarded the cost of two years tuition, $10,680.00, with
a monthly payment of $445.00, to commence when she returns to school. The issue on appeal
was whether the trial court abused its discretion in awarding custody of the children to H;
whether the trial court wrongfully considered race when determining the best interests of
the children; and whether the trial court abused its discretion with the award of
rehabilitative alimony.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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