An advisory opinion is expected soon on a motion filed in Northeast District Court in Grafton Thursday before Judge John McClintock, Jr.
Mitchell Sanderson, author of the Walsh County Shared Parenting Initiative, filed a motion to have the initiative held up in his custody case.
Earlier this year, North Dakota Attorney General Wayne Stenehjem’s office requested to intervene in the case.
Assistant Attorney General Douglas A. Bahr argued the state’s position at Thursday’s hearing in Grafton.
Bahr said that the Walsh County Commissioners went above their authority as a Home Rule county when they approved a measure in December 2012 to uphold the initiative as law in Walsh County.
Bahr said current state law gives judges the discretion in custody cases which is best for the children and that upholding the Walsh County Shared Parenting law only considers parents. (more…)