Sheikh v. Haji
Annotate this CaseAfter Wife filed a complaint for divorce from Husband, the district court learned that the couple had not obtained a legally enforceable marriage license. Therefore, the court converted the complaint for divorce into a petition to determine parental rights and responsibilities. The court subsequently (1) awarded Wife primary residential care of the children and final decision-making authority in the event the parties disagreed about significant decisions affecting the children and (2) ordered Husband to make weekly child support payments. The Supreme Court affirmed, holding that the district court did not abuse its discretion in (1) awarding Wife primary residence of the three minor children as that determination was not based upon clearly erroneous findings, (2) allocating final decision-making authority to Wife where the court found that Husband had a history of abuse and that Wife received substantial support in caring for the children, and (3) imputing Husband's earning capacity for the purpose of establishing the child support order partially due to Husband's limited efforts to find employment.
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