Simons by and through Simons v. Gisvold
Supreme Court of North Dakota
519 N.W.2d 585 (N.D. 1994)
After divorcing Joelle Gisvold (plaintiff) shortly after their daughter Jessica's birth, Bruce Simons received custody, remarried, and raised Jessica with his new wife Debra for eight years until his death, when nine-year-old Jessica called both women "mom"; Joelle sought custody, and Debra opposed based on her role as Jessica's psychological parent, with the trial court finding both women fit parents but awarding custody to Joelle and visitation to Debra.
Whether a natural parent's paramount right to custody prevails over a psychological parent's competing claim, absent a finding that awarding custody to the psychological parent is necessary to prevent serious harm to the child's welfare.