Pepple v. PeppleCivil No. 890279

Meschke, Justice.

Janell Pepple appealed from a divorce decree placing primary custody of their two children with her former husband, Jeffrey Pepple. Janell argued that the decision was clearly erroneous because the trial court inadequately considered her role as primary caretaker of the children and inappropriately emphasized her moral choices. In Dinius v. Dinius, 448 N.W.2d 210 (N.D. 1989), a majority of this court recently ruled that, while a primary caretaker's status was relevant, it was not a controlling factor for custody. That majority view governs this case. Accordingly, we affirm under NDRAppP 35.1(a)(2) and (7).

Herbert L. Meschke
Beryl J. Levine
H.F. Gierke III
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.