In the Interest of the Guardianship of D.M.H.

2023 ND 148 · Supreme Court of North Dakota · August 2, 2023 · No. No. 20230028

Summary

The North Dakota Supreme Court affirmed an order reappointing the paternal grandparents as guardians of D.M.H. and adopting a prior parental visitation schedule. The court held that the juvenile court did not clearly err because the schedule had been lawfully established, used for four years, and the appellant identified no law requiring its amendment or evidence that a different schedule would benefit the child.

Holdings

  1. The juvenile court did not err by adopting the prior visitation schedule because S.L.S. identified no statute or case requiring that a visitation schedule be updated or changed at a particular time, identified no law prohibiting adoption of a prior schedule, and did not argue or present evidence that a different schedule would benefit D.M.H.

Questions Presented

  1. Whether the juvenile court erred by adopting the prior visitation schedule as the current visitation schedule after reappointing the guardians.

Disposition

affirmed

Cases Cited (3)

  • Interest of D.M.H., 2019 ND 88, 924 N.W.2d 789(described in procedural history)
  • In re Guardianship of B.K.J., 2015 ND 191, ¶ 4, 867 N.W.2d 345(followed)
  • Eberle v. Eberle, 2010 ND 107, ¶¶ 16, 24, 783 N.W.2d 254(followed)

Cited In (0)

No citing cases on record yet.

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