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SIMONS BY AND THROUGH SIMONS v. GISVOLD

Civ. No. 930315.

519 N.W.2d 585 (1994)

Bruce A. SIMONS, By and Through his surviving spouse, Debra SIMONS, and Debra Simons, Plaintiff, Appellant and Cross-Appellee, v. Joelle M. GISVOLD, formerly known as Joelle M. Simons, Defendant, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

July 26, 1994.

Attorney(s) appearing for the Case

Erik R. Johnson of Solberg, Stewart, Miller & Johnson, Fargo, for plaintiff, appellant and cross-appellee. Appearance by Debra Simons.

Pamela J. Hermes of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendant, appellee and cross-appellant. Appearance by Joelle M. Gisvold.

SANDSTROM, Justice.

For as long as she could remember, 9-year-old Jessica Simons, her father Bruce, and his wife Debra had lived together as a family. While Bruce worked at his job, Debra stayed home and cared for Jessica. In 1993, Bruce died of cancer.

Both Debra Simons, Jessica's "psychological parent," and Joelle Gisvold, Jessica's natural mother, divorced from Bruce shortly after the birth, sought custody. The guardian ad litem recommended Jessica's best...

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