Kaloupek v. Burfening
North Dakota Supreme Court
1DissentLevine, Justice
Poor Robert! In order to “assure” that his relationship with his father “survive[s] and grow[s],” he has been placed in a state of custodial schizophrenia — six months with one parent and six months with the other. In my view, the trial court’s failure to bite the bullet and award custody to one parent or the other has placed a two-year-old child in a state of animated suspension, a custodial limbo. What we have is a probationary custody period of four years, to be reviewed when Robert is of school age. Obviously, that allows the court to defer making a tough decision, but it does not justify…
2Cases cited13 opinions
- Lapp v. LappNorth Dakota Supreme Court · 1980
- Gravning v. GravningNorth Dakota Supreme Court · 1986
- Dodd v. DoddNew York Supreme Court · 1978
- Chapman v. ChapmanCourt of Appeals of Minnesota · 1984
- Hurst v. HurstSupreme Court of Florida · 1946
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