Christopher A. Lindberg v. Sherri L. Lindberg

Summary

The Supreme Court of North Dakota affirmed the district court’s award of physical custody of the parties’ children to Sherri Lindberg and rejected Christopher Lindberg’s constitutional challenge to the denial of shared physical custody. The court held that the custody findings under the statutory best-interest factors were not clearly erroneous. It reversed and remanded the spousal-support award because the district court did not adequately explain Sherri Lindberg’s need for support or Christopher Lindberg’s ability to pay, and because its findings concerning Sherri’s anticipated living expenses were contradictory.

Holdings

1. The district court did not clearly err in awarding Sherri Lindberg physical custody because the evidence supported its findings under the statutory best-interest factors, including the children's stability and continuity with Sherri.
2. The denial of shared physical custody did not violate Christopher Lindberg's constitutional right to parent because he retained liberal visitation, and the constitutional right to parent does not include a constitutional right to shared physical custody.
3. The district court's spousal-support award could not be affirmed because the court's findings were contradictory and did not adequately explain Sherri Lindberg's need for support or Christopher Lindberg's ability to pay. The award was therefore reversed and remanded for further proceedings.

Questions Presented

1. Whether the district court clearly erred in awarding Sherri Lindberg physical custody after applying the statutory best-interest factors.
2. Whether denying Christopher Lindberg shared physical custody violated his constitutional right to parent his children.
3. Whether the district court adequately explained its award of rehabilitative spousal support and made findings sufficient to establish Sherri Lindberg's need and Christopher Lindberg's ability to pay.

Disposition

reversed_and_remanded