Johnson v. Schlotman

I write to concur and to express my reasons for doing so, some of which parallel those of the majority.

By now, we, lawyers and judges, recognize that change-of-custody proceedings are wholly different animals from original custody ones. Considerations of finality guard against modifications of prior custody decrees, see Von Bank v. Von Bank, 443 N.W.2d 618 (N.D.1989), and in change-of-custody proceedings, the emphasis is on the continuation of the stability of the children’s relationship with their custodial parent. E.g., Blotske v. Leidholm, 487 N.W.2d 607 (N.D.1992). Only if it is…