Heck v. Reed

LEVINE, Justice.

Cristie Reed appeals from a district court judgment awarding sole physical and legal custody of her two children to their father, Shane Heck. At issue in this appeal are the 1993 amendments to NDCC § 14-09-06.2(l)(j), in particular, the meaning and application of the language that there is “a rebuttable presumption that a parent who has perpetrated domestic violence may not be awarded sole or joint custody of a child” and that “[tjhis presumption may be overcome only by clear and convincing evidence that the best interests of the child require that parent’s participation as a…