Bertsch v. Stinar Civil No. 940304

Per Curiam.

Rodney Linus Bertsch appealed a custody decree placing primary physical custody of his four-year-old daughter with her mother, Lisa Suzanne Stinar. Bertsch contends that the trial court erred in denying him joint or sole physical custody, and abused its discretion by admitting certain evidence and awarding attorney fees to Stinar. The custody placement was not clearly erroneous, nor were the admission of evidence and award of attorney fees abuses of discretion. We affirm under NDRAppP 35.1(a)(2) and (4).

Stinar seeks additional attorney fees for defending this appeal. Although we have concurrent jurisdiction to award attorney fees on appeal, we prefer that the trial court decide it. Gronland v. Gronland, ___ N.W.2d ___, ___ (N.D. 1995). We remand for decision on the amount of Stinar's attorney fees for this appeal to be paid by Bertsch.

Gerald W. VandeWalle, C.J.
Herbert L. Meschke
Beryl J. Levine
William A. Neumann
Dale V. Sandstrom