Johnshoy v. Johnshoy
Annotate this CaseAmanda Johnshoy, now known as Amanda Fry, appealed a district court order denying her motion to modify primary residential responsibility. Fry and Zachary Johnshoy divorced in November 2014, and the court awarded Johnshoy with primary residential responsibility of the parties’ two minor children. Since the divorce, Johnshoy moved to a different city within North Dakota. Fry remarried following the divorce. In June 2020, Fry moved to modify primary residential responsibility and parenting time and requested an evidentiary hearing. Fry included two affidavits with the motion: her own and one from the parties’ elder child. The district court denied the motion to modify primary residential responsibility, concluding that Fry had not established a prima facie case warranting an evidentiary hearing. On appeal, Fry argued the district court erred in concluding that her affidavit and her child’s affidavit had not established a prima facie case warranting an evidentiary hearing. “[T]o establish a prima facie case that modification is necessary to serve the best interests of the children requires more than the improved circumstances of the party moving to modify primary residential responsibility.” The North Dakota Supreme Court found Fry’s affidavit did not provide facts showing how a change in circumstances affected the children. "Fry’s affidavit fails to show how a change in custody is necessary to serve the best interests of the children and thus fails to establish a prima facie case for modification of primary residential responsibility." Accordingly, judgment was affirmed.
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