Dinius v. Dinius

NEUMANN, Justice.

[¶ 1] John Dinius appeals from the district court’s judgment finding him the perpetrator of domestic violence and granting Carmen Oswald, formerly known as Carmen Dinius, custody of their children. We reverse.

[¶ 2] In 1989, John and Carmen Dinius divorced. That same year, John was awarded the custody of their four children. Carmen appealed, and this court upheld the district court’s custody award. Dinius v. Dinius, 448 N.W.2d 210 (N.D.1989).

[¶ 3] Three years after the custody award, the eldest child, Angela, expressed a preference to live with her mother. In 1992, custody of…