Green v. Green

[¶ 28] I respectfully dissent. The majority reverses the standard of review our Court enunciated in Lagro v. Lagro, 2005 ND 151, 703 N.W.2d 322, and Frueh v. Frueh, 2008 ND 26, 745 N.W.2d 362. Applying the new standard of review, the majority next concludes that the father has established a prima facie case for modification of custody and remands for the trial court to hold an evidentiary hearing. I disagree.

[¶ 29] Our Court stated in Guskjolen v. Guskjolen that the clearly erroneous standard of review applies to our Court’s review of a trial court’s determination of a motion to modify a…