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Owan v. Owan
North Dakota Supreme Court
541 N.W.2d 719 (1996)
Rayann Owan (plaintiff) sued Stephen Owan (defendant) for divorce. Rayann was granted temporary custody of their minor daughter. Before the case went to trial, Rayann became pregnant with the child of another man, whom she planned to marry. Testimony from Rayann included allegations of abusive behavior by Stephen, including putting Rayann against a wall and threatening her life. Other evidence suggested that Rayann sometimes slapped and scratched Stephen. As for Stephen’s allegedly violent conduct, the trial court’s sole finding was based on testimony from Stephen’s social worker, who stated that physical violence from Stephen was minimal. The court granted the divorce and awarded custody to Stephen, along with an order for Rayann to pay child support. Rayann appealed. The North Dakota Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Meschke, J.)
Dissent (Sandstrom, J.)
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