NIEMANN V. NIEMANN
746 N.W.2d 3 (N.D. 2008)
NATURE OF THE CASE: Lyle Niemann (H) appealed from a district court order denying his
motion for change of custody and an order denying his motion for reconsideration.
FACTS: H and W divorced and W was granted custody of their son and daughter. Both
remarried. H sought a change of custody in 2001 but his motion was dismissed without a
hearing. By agreement in June 2004, their daughter moved in with H. In August 2005, H
brought a motion to gain custody of their son and the district court ordered an evidentiary
hearing. A custody investigator was appointed and recommended in her affidavit and at the
hearing that custody of the son be awarded to H, citing concerns about domestic violence,
alcohol abuse, lack of structure and arguments with vulgar, inappropriate language in front
of the children at the W home. The judge, ruling from the bench, found no material change of
circumstances and denied H's motion.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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