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Johnson v. Johnson9/14/2000
pousal support. Thus, that decision is not clearly erroneous, and we affirm. On remand, however, following clarification of the parties' property division, the trial court may revisit its decision to deny spousal support because the two issues are so closely intertwined. See Emter v. Emter, 1999 ND 102, 14, 595 N.W.2d 16.
V.
[ ] We conclude our case law has long recognized the doctrine of equitable adoption and that the doctrine may be applied, when the circumstances of the case require, to impose a child support obligation on an equitable parent and to justify an award of visitation to such a parent. Therefore, we reverse the decision of the trial court concluding Antonyio and Madonna did not equitably adopt Jessica, and we remand for the trial court to determine whether the facts of this case warrant application of the doctrine of equitable adoption. On remand, the trial court is also to clarify its division of the parties' marital property, according to the Ruff-Fischer guidelines, and explain its rationale for refusing to divide the parties' military pensions. Finally, we affirm the trial court's denial of Madonna's request for spousal support, but we determine the trial court may revisit the issue on remand in conjunction with its review of the division of the parties' property.
[ ]Mary Muehlen Maring
William A. Neumann
Carol Ronning Kapsner
Gerald W. VandeWalle, C.J.
Sandstrom, Justice, dissenting.
[ ] This is a case of a grandmother and her grandchild who have never lived in North Dakota. When the child's parents could not or would not care for her, her grandmother took her in. The grandmother's husband, although not the child's grandfather, welcomed the child and treated her well. The grandmother, but not her husband, was given temporary legal custody of the child. There was talk of adoption and some steps were taken, but the grandmother's husband did not adopt the child, nor did the grandmother adopt the child. The parental rights of the child's natural mother and natural father were never terminated. When the marriage of the grandmother and her husband was coming to an end, the grandmother, instead of seeking support from the child's parents, sought a declaration that her husband had "equitably adopted" the child and was therefore obligated to pay child support . The 1trial court held that North Dakota does not recognize such "equitable adoption," and even if it did, this is not a case in which the facts would justify it.
[ ] This is also a case of a majority so intent on reaching a particular result that it wreaks havoc with our law, distorting and ignoring previous holdings, and invading the province of the legislature and of the trial court. The majority abandons judicial objectivity, reciting "facts and circumstances" only from the grandmother's perspective, giving it her "spin" and omitting "inconvenient" evidence.
[ ] The majority conjures an opinion with blue smoke and mirrors. The majority employs a now-you-see-it, now-you-don't shell game with the law and the facts. Is "equitable adoption" adoption, or is it not? The majority, here and there, says "it is" and "it is not." But the problem for the majority is that if "equitable adoption" is adoption, it has not occurred. If it is not adoption, then the majority cannot impose a child support obligation on the grandmother's former husband.
[ ] Under the facts of this case, it is clear that if an "equitable adoption" took place, it took place in New Jersey or Kentucky and would therefore be governed by the law of one of those states. This, too, the majority ignores because, as discussed below, neither o
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