Logourl black
From our private database of 14,200+ case briefs...

Niemann v. Niemann

Supreme Court of North Dakota
746 N.W.2d 3 (N.D. 2008)


Facts

Heidi Niemann (plaintiff) and Lyle Niemann (defendant) were divorced, and Heidi received custody of the Niemanns’ son and daughter. Heidi and Lyle subsequently married other people. Six years later, the Niemanns agreed that their daughter would move in with Lyle. Upon learning of two incidents of possible domestic violence in Heidi’s home, Lyle moved for a change of custody of their son. Prior to a hearing, the Niemanns reaffirmed their agreement to the physical change of custody of their daughter from Heidi to Lyle. Additionally, a custody investigator was appointed by the trial court to recommend which party should receive custody of their son. The investigator interviewed Heidi, Lyle, the children, several friends, and family members, and the investigator concluded that custody of the son should be awarded to Lyle. Of particular importance was an instance in which the daughter spoke with a school social worker about a fight involving yelling and swearing between her mother and stepfather that resulted in the destruction of several household items. A second instance involved the stepfather arriving home drunk and yelling and pushing Heidi. A report was consequently filed with social services. The daughter stated that she was scared of her stepfather. The trial judge denied Lyle’s motion and held that no material change in circumstances existed warranting the change of custody of the son from Heidi to Lyle. Lyle appealed.

Rule of Law

Issue

Holding and Reasoning (Vande Walle, C.J.)

Concurrence/Dissent (Maring, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.