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512 N.W.2d 685

Dalin v. Dalin

North Dakota Supreme Court

Decided February 23, 1994

North Dakota Supreme Court · decided 1994-02-23

Good law ✅— No negative treatment on recordhow we know

Decided 1994-02-23

How this case has been cited

Cited by 20 later decisions — most recently August 2023

20 state decisions

1101994200020102020decided

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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NEUMANN, Justice,

¶1concurring.

¶2I agree with most of the majority opinion. I write separately only to point out that there is more than the parents’ stipulation in this ease to obviate the normal requirement of a two-step analysis for change of custody.

¶3We require the two-step analysis for change of custody in order to protect and encourage stability in children’s lives. That is a purpose which I fully support. But here the trial court specifically found that “neither parent has had any permanence as a family unit due to the constant shifting of the child since the date of the original divorce.” I see no point in requiring a two-step analysis to protect stability when, as in this case, there is no stability to protect. I would make the lack of stability, rather than the parents’ stipulation, the basis for omitting the usual two-step analysis in a ease such as this.

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