Wigginton v. Wigginton

North Dakota Supreme Court

Decided February 16, 2005

North Dakota Supreme Court · decided 2005-02-16

Relies on Berg v. Berg

Good law ✅— No negative treatment on recordhow we know

Decided 2005-02-16

How this case has been cited

Cited by 28 later decisions — most recently February 2023 · most notably Wolt v. Wolt (2010), Bertsch v. Bertsch (2006)

28 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SANDSTROM, Justice,

¶1concurring specially.

¶2[¶ 22] I write separately to once again note that the right of noncustodial parents to visitation is not just a “wish or desire”— not just a statutory right — it is a right of constitutional magnitude. Berg v. Berg, 2002 ND 69, ¶¶ 24-33, 642 N.W.2d 899 (Sandstrom, J., concurring in the result). Unless restricted or forfeited by serious misconduct of the noncustodial parent, noncustodial-parent visitation rights must be vindicated by court judgment and enforced by court action if necessary. See id. at ¶ 32; N.D.C.C. § 14-09-06.6.

¶3[¶ 23] Dale V. Sandstrom