SIMONS V. GISVOLD 519 N.W.2d 585 (1994) CASE BRIEF

SIMONS V. GISVOLD

519 N.W.2d 585 (1994)

NATURE OF THE CASE: Simon's (D), the wife of a minor's father, sought review of a judgment which awarded custody of the minor to Gisvold (P), the minor's natural mother upon the death of the minor's father of cancer.

FACTS: Jessica was born in July 1983. Bruce Simons, and P were divorced in May 1984. Bruce was awarded custody of Jessica and P was granted liberal visitation privileges. Bruce married D, and they resided in Fargo with Jessica until Bruce died from cancer in 1993. P also remarried, and she currently resides with her husband in Galesburg. Bruce left no will or other document expressing his preference as to Jessica's custody after his death. P filed a motion requesting the district court award her custody of Jessica. D responded she is entitled to custody of Jessica because she had become Jessica's psychological parent during the nearly eight years she, Bruce, and Jessica lived together as a family. The court found both P and D to be fit parents. It also found that Jessica, who had not been asked for nor expressed a preference, expressed love and affection for each, referring to both as 'mom' would not sustain serious harm or detriment to her welfare if she is removed from her home in Fargo and placed in P's custody. The trial court awarded P custody of Jessica with visitation rights for D. D then filed this appeal.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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