Richardson v. Richardson

Summary

The North Dakota Supreme Court affirmed the denial, without a hearing, of Reuben Richardson’s motion to modify residential responsibility because he failed to establish a prima facie case showing a material change in circumstances that adversely affected the child. The court also affirmed the denial of his motion for reconsideration, concluding that he did not meet the requirements of North Dakota Rules of Civil Procedure 59(j) or 60(b).

Holdings

1. A party seeking modification of primary residential responsibility must establish a material change in circumstances and that the change adversely affected the child. Richardson failed to present prima facie evidence satisfying that requirement, so the district court properly denied modification without a hearing.
2. The district court did not abuse its discretion in denying reconsideration because Richardson neither invoked nor argued grounds available under N.D.R.Civ.P. 59(j) or 60(b), but merely reargued his entitlement to an evidentiary hearing.

Questions Presented

1. Whether Richardson established a prima facie case requiring modification of primary residential responsibility.
2. Whether the district court abused its discretion by denying Richardson's motion for reconsideration.

Disposition

affirmed