Deyle v. Deyle
North Dakota Supreme Court
825 N.W.2d 245 (2012)
Relevant factsFree
Christina (plaintiff), the children's primary caregiver during the parties' separation, faced anticipated future moves — out of her parents' home, then for hygienist school, then for a resulting job — while Eric (defendant) had stopped paying the marital home's mortgage, causing its foreclosure and Christina's move to her parents'; the district court found this anticipated instability outweighed Christina's caregiving history and awarded Eric primary residential responsibility.
IssueFree
Whether, in a child custody dispute, there is a presumption in favor of the child remaining with the primary caregiver.