Kaloupek v. Burfening

MESCHKE, Justice,

dissenting.

There may be rare circumstances where a child’s custody “divided” from his siblings is appropriate. Gravning v. Gravning, 389 N.W.2d 621 (1986). There may be rare circumstances where custody alternating between parents is appropriate. Lapp v. Lapp, 293 N.W.2d 121 (N.D.1980).

Here, a small child was “divided” from his sisters half of each year and was “alternated” from his mother’s principal care half of each year. There was no testimony, expert or otherwise, that this arrangement was in Robert’s best interest. At best, this discontinuity was experimental.

In my view, “[cjontinuity in a child’s relationship with the closest, nurturing parent is ... a very important aspect of stability [for the child]. Orke v. Olson, 411 N.W.2d 97, 100-01 (N.D.1987).” Roen v. Roen, 438 N.W.2d 170 (N.D.1989). Without substantial supporting evidence, together with very specific findings, that the need and suitability of this kind of an arrangement is least detrimental for a small child, I view this alternating, divided custody as misguided. I believe that it was clearly erroneous.

Therefore, I respectfully dissent.