Schneider v. Livingston

VANDE WALLE, Chief Justice,

concurring in result.

Notwithstanding my concern as to the analysis of a change in circumstances as expressed in Dalin v. Dalin, 512 N.W.2d 685, 690 (N.D.1994) [VandeWalle, C.J. concurring in result] and my concern with the weight given to custody preference of children expressed in such cases as Barstad v. Barstad, 499 N.W.2d 584, 589 (N.D.1993) [Vande-Walle, C.J., dissenting], I concur in the result. I cannot conclude the trial court’s determination is clearly erroneous.