Topic: in awarding visitation to the non-custodial parent, the bes… · Go Syfert
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Topic #18495

7 canonical passages across 5 cases, quoted by 22 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Bertsch v. Bertsch.

#Case FlagCanonical passage Citers
1 Bertsch v. Bertsch Anchor
nd · 2006
green “in awarding visitation to the non-custodial parent, the best interests of the child, rather than the wishes or desires of the parents, are paramount.” 4
2 Morris v. Moller
nd · 2012
green “a district court's award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.” 4
3 Morris v. Moller
nd · 2012
green “a finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if no evidence exists to support it, or, although there is some evidence to support it, on the entire record, we are left with a definite and firm conviction a mistake has been made.” 4
4 Hendrickson v. Hendrickson
nd · 2000
green “visitation between a non-custodial parent and a child is presumed to be in the child's best interests and that it is not merely a privilege of the non-custodial parent, but a right of the child.” 3
5 Marsden v. Koop
nd · 2010
green “will not retry a custody case or substitute our judgment for a district court's initial custody decision merely because we might have reached a different result.” 3
6 Hendrickson v. Hendrickson
nd · 2000
green “we have stated visitation between a non-custodial parent and a child is presumed to be in the child's best interests and that it is not merely a privilege of the non-custodial parent, but a right of the child.” 2
7 Bertsch v. Bertsch
nd · 2006
green “the best interests of the child, rather than the wishes or desires of the parents, are paramount.” 2

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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