Legal Opinion

Hoff v. Berg

North Dakota Supreme Court

Decided June 18, 1999No. 980208PublishedCited by 61 opinions

1Opinion of the Court

MARING, Justice.

[¶ 1] Jerome and Nicolette Hoff appeal a memorandum decision and an order dismissing their complaint for visitation with their grandchild. We conclude a 1993 amendment to the grandparent visitation statute, N.D.C.C. § 14-09-05.1, is unconstitutional. We affirm in part, reverse in part and remand for further proceedings.

[¶ 2] In 1992, a child was born to Holly Berg and Nathan Hoff, who were not married. Hoffs recognize in their brief that Nathan Hoff was adjudicated the father of the child involved in this case, but has not been formally granted visitation rights. Holly Berg…

2Cases cited35 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Wisconsin v. YoderSupreme Court of the United States · 1972
  4. Meyer v. NebraskaSupreme Court of the United States · 1923
  5. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981

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3Cited by61 opinions

  1. Troxel v. GranvilleSupreme Court of the United States · 2000
  2. Lulay v. LulayIllinois Supreme Court · 2000
  3. In Re Parentage of CAMAWashington Supreme Court · 2005
  4. Hiller v. FauseySupreme Court of Pennsylvania · 2006
  5. Appel v. AppelWashington Supreme Court · 2005

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