North Dakota Supreme Court

Clemenson v. Clemenson

November 20, 20252025 ND 195

Summary

The Court affirmed the amended judgment awarding Ashlyn Clemenson primary residential responsibility and modifying the parenting plan. It held that the domestic-violence presumption applies even when the offending parent previously shared equal parenting time, and that the statute requires proximate timing for a pattern of domestic violence but not for serious bodily injury or use of a dangerous weapon. The Court also upheld the findings concerning serious bodily injury and the remaining best-interest factors, and denied attorney fees because the appeal was not frivolous.