Stockert v. Stockert

Stockert v. Stockert, 2001 ND 160, 639 N.W.2d 706

Filed Oct. 16, 2001
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2001 ND 160

Scott Stockert, Plaintiff and Appellant
v.
Wanda Stockert, Defendant and Appellee

No. 20000353

Appeal from the District Court of Stark County, Southwest Judicial District, the Honorable Allan L. Schmalenberger, Judge.
AFFIRMED.
Per Curiam.
Eugene F. Buresh, Ficek & Buresh, P.C., 41 1st Ave. W., P.O. Box 1224, Dickinson, ND 58602-1224, for defendant and appellee.
Scott Stockert (on brief), pro se, 694 9th Avenue West, Dickinson, ND 58601, for plaintiff and appellant.

Stockert v. Stockert
No. 20000353

Per Curiam.

[¶1] Scott Stockert appeals from an order denying his motion for a change of custody of the parties' child. Stockert argues the trial court erred in finding no significant change in circumstances. A party seeking modification of a custody order bears the burden of showing a significant change in circumstances. Krizan v. Krizan, 1998 ND 186, ¶ 4, 585 N.W.2d 576. A trial court's custody modification decision "is a finding of fact subject to the 'clearly erroneous' standard of review." Mosbrucker v. Mosbrucker, 1997 ND 72, ¶ 5, 562 N.W.2d 390. "Not every change in circumstances will amount to a 'significant change' warranting a change or modification of custody." Id. at ¶ 6. We conclude the trial court did not err in finding there was no significant change of circumstances requiring a change of custody. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom