Peek v. Berning

KAPSNER, Justice.

[¶ 1] Malcolm R. Peek appeals from the district court’s judgment finding the best interests of the child supported an award of joint legal and physical custody with a schedule of rotating physical custody. We reverse and remand for further proceedings in accordance with this opinion.

I

[¶ 2] Malcolm R. Peek and Kimberly J. Berning were never married, but in February 1997 they had one child together. Berning also has two other children who reside with her. When Peek and Bern-ing’s child was born, Berning was employed as a registered nurse in North Dakota, and Peek was working on…