Krank v. Krank

9 Citing cases

  1. Cavendish Farms v. Mathiason Farms

    2010 N.D. 236 (N.D. 2011)   Cited 12 times

    We do not reverse the trial court's factual findings merely because we may view the evidence differently, and a choice between two permissible views of the weight of the evidence is not clearly erroneous.' Krank v. Krank, 2003 ND 146, ¶ 6, 669 N.W.2d 105. 'In reviewing findings of fact, we give due regard to the trial court's opportunity to assess the credibility and observe the demeanor of the witnesses.' Wagner v. Wagner, 2000 ND 132, ¶ 12, 612 N.W.2d 555.

  2. Dufner v. Trottier

    2010 N.D. 31 (N.D. 2010)   Cited 23 times
    Affirming visitation modification where court found children were frustrated with incessant bickering between parents and stating ‘[c]ontinually exposing a child to adult conflict is not in that child's best interests'

    To the contrary, district courts have substantial discretion in matters related to custody, and imposing such a rigid rule of law would unduly limit the district court's ability to pursue children's best interests. Krank v. Krank, 2003 ND 146, ¶ 6, 669 N.W.2d 105. Therefore, Trottier is incorrect in her assertion that the district court erred by finding a material change of circumstances sufficient to modify visitation but not sufficient to modify custody.

  3. P.A. v. A.H.O

    2008 N.D. 194 (N.D. 2008)   Cited 11 times

    For example, we have held that when both parents are disposed to provide the child with food, clothing, medical care, and other material needs, one party's history of higher-income employment, while the other was unemployed and depended upon child support, was a relevant consideration in the best interests analysis. Krank v. Krank, 2003 ND 146, ¶ 10, 669 N.W.2d 105. The trial court's finding on this factor was not clearly erroneous. [¶ 14] A.H.O. argues the district court erred by not giving proper consideration to P.A.'s more hectic work schedule.

  4. Gonzalez v. Gonzalez

    2005 N.D. 131 (N.D. 2005)   Cited 13 times
    Discussing purpose of Rule 52, N.D.R.Civ.P.

    The trial court's choice for custody between two fit parents is a difficult one, and this Court will not retry the case or substitute its judgment for that of the trial court where, as here, its determination is supported by the evidence. Krank v. Krank, 2003 ND 146, ¶ 14, 669 N.W.2d 105. We hold the trial court properly considered the relevant factors for deciding custody and its decision to award custody to Francisco Gonzalez is not clearly erroneous.

  5. Woods v. Ryan

    2005 N.D. 92 (N.D. 2005)   Cited 9 times

    Kelly v. Kelly, 2002 ND 37, ¶ 20, 640 N.W.2d 38. A parent's unemployment may be considered. See Krank v. Krank, 2003 ND 146, ¶ 10, 669 N.W.2d 105 (evidence supported the trial court's findings under N.D.C.C. § 14-09-06.2(1)(c) where "the court found that the evidence shows the child's father has a history of employment at good paying jobs and is a good provider while the mother is currently unemployed"). "In a modification proceeding, the best interests of the child must be gauged against the backdrop of the stability of the child's relationship with the custodial parent."

  6. Paulson v. Paulson

    2005 N.D. 72 (N.D. 2005)   Cited 23 times
    Concluding the district court impermissibly delegated authority to decide visitation to a third party when no finding was made that unrestricted visitation is likely to endanger the child's physical or emotional health

    The court's custody determination is a finding of fact which will not be reversed unless it is clearly erroneous. Krank v. Krank, 2003 ND 146, ¶ 6, 669 N.W.2d 105. A finding of fact is clearly erroneous only if it is induced by an erroneous view of the law, if no evidence exists to support it, or if the reviewing court, on the entire evidence, is left with a definite and firm conviction a mistake has been made. Id.

  7. Fast v. Mayer

    692 N.W.2d 138 (N.D. 2005)   Cited 1 times

    [¶ 7] A trial court's decision on visitation is a finding of fact and will not be reversed on appeal unless it is clearly erroneous. T.E.J. v. T.S., 2004 ND 120, ¶ 18, 681 N.W.2d 444; Litoff v. Pinter, 2003 ND 172, ¶ 11, 670 N.W.2d 860; Krank v. Krank, 2003 ND 146, ¶ 16, 669 N.W.2d 105. "A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if there is no evidence to support it, or if, after review of the evidence, this Court has a definite and firm conviction a mistake has been made." Hogan v. Hogan, 2003 ND 105, ¶ 6, 665 N.W.2d 672.

  8. Keller v. Bolding

    2004 N.D. 80 (N.D. 2004)   Cited 17 times
    Stating that evidentiary imprecision on the amount of damages does not preclude recovery

    Wachter v. Gratech Co., Ltd., 2000 ND 62, ¶ 17, 608 N.W.2d 279. "We do not reverse the trial court's factual findings merely because we may view the evidence differently, and a choice between two permissible views of the weight of the evidence is not clearly erroneous." Krank v. Krank, 2003 ND 146, ¶ 6, 669 N.W.2d 105. "In reviewing findings of fact, we give due regard to the trial court's opportunity to assess the credibility and observe the demeanor of the witnesses." Wagner v. Wagner, 2000 ND 132, ¶ 12, 612 N.W.2d 555.

  9. Litoff v. Pinter

    670 N.W.2d 860 (N.D. 2003)   Cited 6 times

    [¶ 11] A trial court's decision on visitation is a finding of fact and will not be reversed on appeal unless it is clearly erroneous. Krank v. Krank, 2003 ND 146, ¶ 16, 669 N.W.2d 105; Lawrence v. Delkamp, 2003 ND 53, ¶ 12, 658 N.W.2d 758. A finding of fact is clearly erroneous only if it is induced by an erroneous view of the law, if there is no evidence to support it, or if, after review of the entire evidence, we are left with a definite and firm conviction a mistake has been made. Hogan v. Hogan, 2003 ND 105, ¶ 6, 665 N.W.2d 672. [¶ 12] Litoff argues that visitation between a child and the noncustodial parent is presumed to be in the best interest of the child.