Ramstad v. Biewer

VANDE WALLE, Chief Justice,

concurring in result.

[¶27.] I believe the trial court’s findings adequately support the determination that the advantages which this Court has recognized adhere to a child from continuity and stability of living with a parent, see, e.g., Blotske v. Leidholm, 487 N.W.2d 607 (N.D. 1992), are, in this case, outweighed by the changes of circumstances so as to justify and support a change of custody. Ludwig v. Burchill, 514 N.W.2d 674 (N.D.1994). The requirement that the changes in circumstances necessary to support a change in custody must compel or require that change, expresses our position that because of the significance of stability in a child’s life, the custody of that child is not to be changed as a result of every change in circumstances of the parents. We require a more rigorous standard to change custody, even if for the best interests of the child, then we do in awarding custody in the original proceeding.

[¶28.] Our prior rhetoric, about which I have voiced some misgivings, Orke v. Olson, 411 N.W.2d 97, 101 (N.D.1987) (VandeWalle, *911J., concurring in the result), does not forbid a change of custody absent some catastrophic change of circumstances, rather, it increases the burden of proof necessary to a change of custody in the best interest of the child.

[¶ 29.] Because I agree that increased burden was met in this instance, I concur in the result.

[¶ 30.] Gerald W. VandeWalle, G. J.