Muchow v. Kohler, et al.
Annotate this CaseJason and Andrea Alm appealed a district court order denying grandparent visitation, arguing the district court erred in finding they did not meet the statutory requirements for nonparent visitation. The Alms were the parents of Spencer Muchow. Muchow and Mariah Kohler had two children, S.J.M.A. and D.J.M.A. In 2018, the district court awarded Muchow primary residential responsibility of the children. Muchow died in 2019 and the children went into Kohler’s exclusive care. In 2020, the Alms filed a petition for visitation. After a hearing, a judicial referee denied the Alms’ petition. The Alms requested district court review. The district court adopted the referee’s findings, concluding it was not proven that the Alms had a significant emotional bond with their grandchildren, and that denial of visitation would harm their grandchildren. The district court found Kohler was acting in her children’s best interest and could allow the Alms visitation if she so decided. Upon review of the evidence and the district court’s findings, the North Dakota Supreme Court was "not left with a definite and firm conviction a mistake was made." Accordingly, judgment was affirmed.
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