Berndt v. Berndt

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Berndt v. Berndt

Case Number
Court Number
Call Date
September 14, 2017
Case Time
1:30 PM
Case Summary

A-16-1109, Scott Berndt v. Tonya Berndt, now known as Tonya Di Pasquale-Martinez (Appellant)

Sheridan County, District Court Judge Thomas P. O’Gorman

Attorney for Appellant:  Desirae M. Solomon

Attorney for Appellee:  Bell Island (Island Law Office, PC, LLO)

Civil Action:  Modification of parenting time

Action Taken by Trial Court:  The trial court denied appellant’s motion to modify the parenting plan to a week on/week off parenting schedule.

Assignments of Error on Appeal:  Did the trial court err in finding that a material change in circumstances had not occurred since the entry of the decree and parenting plan? Did the trial court err in failing to find it was in the minor children’s best interests that the parenting plan be modified to a week on/ week off parenting schedule?

Extended Case Summary

A-16-1109 Scott Berndt v. Tonya Berndt, n/k/a Tonya Di Pasquale-Martinez (Appellant)

Sheridan County District Court, Judge Travis P. O’Gorman

Attorneys: Bell Island (Island Law Office, PC, LLO) --- Desirae M Solomon (Appellant)

Civil: Parenting time modification

Tonya and Scott Berndt were divorced by a decree of dissolution on November 30, 2012. The parties were awarded joint legal and physical custody of their two minor children, Sevanna and Toby. The parties agreed that the children would primarily reside with Scott. Tonya had parenting time every weekend except the third weekend of each month. The parties alternated holidays and Tonya was awarded parenting time during the summer break, except for four weeks which were awarded to Scott.

Scott lived in Lakeside, Nebraska, close to the children’s country school. Tonya lived in Kimball, Nebraska and commuted to Gordon, Nebraska for her parenting time. In January 2014, Tonya moved to Cheyenne, Wyoming to live with her new husband. She also bought a house in Gordon, where she would typically have her parenting time. The children began attending school in Gordon.

In January 2016, Tonya filed a complaint to modify visitation seeking a week on/week off schedule, meaning parenting time would alternate between the parties on a weekly basis. She alleged that there had been material changes in circumstances affecting the best interests of the children because she has a residence in Gordon, Nebraska, near the children’s school and activities, the current schedule creates confusion and disagreements between the parties; Sevanna has expressed a desire to spend more time with her, and Toby has had problems at school due to being multiracial.

Following trial, the district court denied Tonya’s motion to modify parenting time.

Tonya Berndt appeals from the court’s order denying her complaint to modify visitation with her children. She alleges that the court erred in finding that a material change in circumstances had not occurred since the entry of the dissolution decree, and in failing to find that it was in the children’s best interests to modify the parenting plan to an alternating weekly schedule.

Case Location
Court Type
District Court
Panel Text
Inbody, Pirtle, and Riedmann, Judges