State of North Dakota and Shannon L. Strating v. Kenneth A. Andres

Summary

The North Dakota Supreme Court reviewed a district court order granting equal residential responsibility for a child to Shannon Strating and Kenneth Andres. The court held that the district court's best-interest findings and written judgment were not clearly erroneous, but that the parenting plan omitted statutorily required transportation provisions and that child support calculations were required despite equal residential responsibility. The judgment was affirmed in part, reversed in part, and remanded.

Holdings

1. The district court's findings under the statutory best-interest factors were supported by the evidence and were not clearly erroneous; the award of equal residential responsibility was affirmed.
2. The parenting plan was deficient because it did not specify transportation and exchange arrangements or explain the omission. On remand, the district court was required to include those provisions or explain their omission.
3. The written judgment controlled over any inconsistent prior oral ruling, so entering the written judgment was not error.
4. The district court was required to calculate a child-support obligation for each parent even though the parents had equal residential responsibility and parenting time. The failure to make those calculations was reversible error.

Questions Presented

1. Whether the district court clearly erred in granting the parents equal residential responsibility based on its findings under the statutory best-interest factors.
2. Whether the district court's parenting plan complied with statutory requirements concerning the child's legal residence for school attendance and transportation and exchange.
3. Whether the district court erred by entering a written judgment inconsistent with its earlier oral statements concerning primary residential responsibility and parenting time.
4. Whether the district court was required to calculate child support for each parent despite awarding equal residential responsibility.

Disposition

reversed_and_remanded