Slappy v. Slappy
Annotate this CaseNicole Kunz (formerly, Slappy) appealed a third amended judgment modifying her primary residential responsibility for the parties’ minor child, M.S., and granting Jermece Slappy equal residential responsibility. Kunz argued the district court erred in finding a material change in circumstances, erred in modifying the existing residential responsibility in the absence of a general decline in the child’s condition, and erred in its analysis of the best interest factors. Slappy cross-appealed, arguing the district court improperly calculated his child support obligation. After review, the North Dakota Supreme Court determined the district court erred in modifying the existing residential responsibility without evidence of a general decline in the condition of the child. Therefore, the third amended judgment was reversed. In light of the Court’s decision with respect to the third amended judgment, the Court found it unnecessary to resolve the remaining issues raised by the parties on appeal.
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