KAPSNER, Justice.
[¶ 1] Hau Tran appeals from a district court order granting Shannon Krueger's motion to modify primary residential responsibility of their child. We affirm, concluding the court's decision to modify primary residential responsibility is not clearly erroneous.
[¶ 2] Tran and Krueger have one minor child together, who was born in 2001. Both parties allege the other abused drugs in the past. Both parties have drug convictions, and Krueger was incarcerated twice.
[¶ 3] In 2005, the district court entered a judgment giving Krueger physical custody of the child based on the parties' stipulation. In 2007, the parties agreed to modify custody of the child. The court entered an amended judgment based on the parties' stipulation, ordering Tran have physical custody of the child and Krueger have visitation. The amended judgment also ordered both parties to provide the other party with any change in residence, address, or telephone number within five days of the change. There was evidence that Krueger was facing possible incarceration when the amended judgment was entered, but she completed a long-term, in-patient drug treatment program instead.
[¶ 4] In 2008, Krueger moved to hold Tran in contempt, alleging he failed to comply with the amended judgment, he denied her visitation, he sent a text message to her cell phone advising her he was moving to Oregon with the child, and she was unable to locate Tran or the child. After a hearing, the district court entered an order finding Tran in contempt for failing to comply with the amended judgment by denying Krueger visitation and failing to give notice of his change of residence and telephone numbers. The court ordered Tran to serve sixty days in jail, with all of it conditionally suspended.
[¶ 5] On October 18, 2010, Krueger moved to modify primary residential responsibility. Krueger alleged her life had improved and she had not used drugs since she started drug treatment, the conditions in Tran's home were highly detrimental to the child's physical and emotional health, Tran was not taking proper care of the child, Tran was abusing drugs, Tran denied
[¶ 6] In December 2010, Tran petitioned for a disorderly conduct restraining order against Krueger. In a January 10, 2011, order, the district court denied Tran's petition and ordered the parties to:
[¶ 7] On January 13, 2011, Krueger moved for an order to show cause and for contempt, alleging Tran failed to comply with ordered visitation. Krueger also requested the court temporarily grant her primary residential responsibility of the child. On February 25, 2011, Krueger filed an affidavit in support of her motions, alleging Tran was not complying with the January 10, 2011, order and was sending her harassing and inappropriate text messages. On August 22, 2011, Krueger renewed her motion for temporary primary residential responsibility. On September 14, 2011, the court entered an order denying Krueger's motion for an interim order, finding Krueger did not show that exceptional circumstances existed to justify an interim order for a change of residential responsibility. However, the court found:
The court ordered Tran to comply with all previous court orders and limit communications with Krueger to matters reasonably necessary to accomplish visitation or to promote the child's welfare.
[¶ 8] On September 30, 2011, Krueger filed a motion for contempt, alleging Tran continued to send her harassing and derogatory text messages after the court's September 14, 2011, order. A hearing was held on October 31, 2011. On December 2, 2011, Krueger filed a motion for contempt, alleging Tran continued to send her derogatory text messages after the October hearing.
[¶ 9] On January 13, 2012, the district court granted Krueger's motion to modify primary residential responsibility after holding an evidentiary hearing. The court found there was a material change of circumstances, including a significant improvement in Krueger's life circumstances, accompanied by a general decline in the child's condition. The court also found Tran's lack of interaction with the child and his open hostility and contempt toward Krueger were detrimental to the child's emotional health. The court found modification was necessary to serve the child's best interests.
[¶ 10] Tran argues the district court's findings that there was a material change
[¶ 11] A district court's decision to modify residential responsibility is a finding of fact subject to the clearly erroneous standard of review. Stanhope v. Phillips-Stanhope, 2008 ND 61, ¶ 7, 747 N.W.2d 79. A finding is clearly erroneous if it is induced by an erroneous view of the law, there is no evidence to support it, or we are convinced, based on the entire record, that a mistake has been made. Id.
[¶ 12] Under N.D.C.C. § 14-09-06.6(6), a court may modify primary residential responsibility more than two years after a prior decision establishing primary residential responsibility, if the court finds:
The party seeking modification has the burden of proving a change in residential responsibility is required. Vining v. Renton, 2012 ND 86, ¶ 14, 816 N.W.2d 63.
[¶ 13] A material change in circumstances is an important new fact that was not known at the time of the prior residential responsibility decision. Siewert v. Siewert, 2008 ND 221, ¶ 17, 758 N.W.2d 691. A party's conduct before the prior residential responsibility decision may be relevant if the prior decision was based on the parties' stipulation and the district court was unaware of the facts at the time of the stipulation. Schumacker v. Schumacker, 2011 ND 75, ¶ 11, 796 N.W.2d 636. Here, all of the prior residential responsibility decisions were based on the parties' stipulations. This is the first time the district court has decided a contested residential responsibility issue based on statutory requirements.
[¶ 14] "`A material change of circumstances can occur if a child's present environment may endanger the child's physical or emotional health or impair the child's emotional development.'" Siewert, 2008 ND 221, ¶ 17, 758 N.W.2d 691 (quoting Stanhope, 2008 ND 61, ¶ 6, 747 N.W.2d 79). A material change in circumstances can exist when one parent attempts to alienate a child's affection for the other parent, when parents are openly hostile towards each other and that hostility negatively affects the child, or when the noncustodial parent's situation improves accompanied by a general decline in the child's condition with the other parent over the same time period. Ehli v. Joyce, 2010 ND 199, ¶ 8, 789 N.W.2d 560; see also In re N.C.C., 2000 ND 129, ¶¶ 19-23, 612 N.W.2d 561.
[¶ 15] The district court found a material change in circumstances had occurred:
[¶ 16] The court found there was a material change in circumstances based on its finding that the child's general condition had declined while Krueger's situation had improved and that Tran's hostility toward Krueger and his lack of interaction with the child were harmful to the child's emotional health. The court's findings were based on information from the parenting investigator, Krueger's testimony, Tran's text messages to Krueger, and Tran's testimony. The evidence supports the court's findings.
[¶ 17] There was evidence Krueger's situation had improved. Krueger testified that she had not used drugs since she participated in the in-patient drug treatment program, that she has been in a relationship for more than three years with a man she met while completing drug treatment, that they were engaged to be married, that she was pregnant, and that she was employed full-time. Krueger's parole officer also testified that she is currently on parole, that she has not had any parole violations, that she has been open and honest with him, that she is employed, that she has not failed any drug tests, and that everything indicates she will continue to be successful with her parole. The evidence supports the court's finding that there have been improvements in Krueger's life.
[¶ 18] However, the court's findings about the improvements in Krueger's life alone are not sufficient to constitute a material change in circumstances. Kelly v. Kelly, 2002 ND 37, ¶ 20, 640 N.W.2d 38. The court must also find the improvements in the parent's life were accompanied by a general decline in the child's condition with the custodial parent. Id. The district court found a general decline in the child's condition based on the child's need for parental interaction and guidance, Tran's lack of interaction with the child, and Tran's hostility toward Krueger. The court found the child's environment with Tran was detrimental to her mental and emotional health. The evidence supports the court's findings.
[¶ 19] There was evidence of a general decline in the child's condition, including that the child is often left alone or left to do things with friends or a babysitter. There was evidence the child told the parenting investigator that she often feels lonely when she is with Tran because he sometimes sleeps during the day and he makes her play in her room or outside by herself. The parenting investigator testified the child told her Tran is often agitated with her and puts blankets on the windows and in the doorways. There was evidence of two reports to social services. In September 2009, the child told school officials that Tran had drugs in the home, social services investigated, and services were recommended. In April 2010, the child told a school official Tran spanked
[¶ 20] Furthermore, the court found Tran's open hostility and contempt for Krueger was detrimental to the child's health. The evidence supports this finding. The court admitted into evidence pages of text messages Tran sent to Krueger's cell phone between 2009 and 2011. Tran did not object to the admission of the text messages and he admitted he sent them. The messages showed Tran's hostility to Krueger. Tran often used profanity and offensive language in the messages, called Krueger derogatory names, referred to the child as "my daughter," and accused Krueger of not wanting the child. The messages included, "I just tell [the child] u would rather have drugs then her," "Y don't u just tell her that she wasn't planned & that she was a mistake & that u wanted 2 have her aborted," and "She will realize how much of a fucking loser u are." Tran sent Krueger multiple messages stating the child was only his child, including "& would u stop saying our daughter," "4 for the record she is my daughter not ours or yours u lost custody of her ur just her biological mother," and "Don't u ever call her our daughter that really irritates me."
[¶ 21] There was evidence Tran does not refrain from making hostile or offensive comments about Krueger in front of the child. Krueger testified the child was using Krueger's cell phone to talk to a friend and Tran sent a text message to the phone stating the child was a mistake, the child saw the message and became upset. Krueger also testified once while she was talking to the child on the phone, Tran asked the child who she was talking to, and after the child responded Tran said "oh, that fucking bitch." There was evidence from the parenting investigator that collateral contacts told her that both parents need to be more careful with what they say about the other parent to and in the presence of the child. The parenting investigator also reported:
[¶ 22] Although there was evidence and the court found the child was a well-behaved child and was doing well in school, there was also evidence the hostility and parental conflict has negatively affected the child. The parenting investigator reported the child occasionally struggled with focus at school and school staff believed it was caused by family and personal concerns. On September 4, 2010, Tran sent Krueger a text message stating, "I had a message from [the child's] counselor they want 2 meet with me & talk about her missing mom, even the school is worried about her." The parenting investigator testified that Tran's hostility toward Krueger was having a negative effect on the child. She testified the child needs more time with Krueger as the child gets
[¶ 23] In other cases with similar circumstances, we have held the hostility between the parents and the negative impact on the children was a material change. In Siewert, 2008 ND 221, ¶ 5, 758 N.W.2d 691, there was evidence of hostility between the father, the father's new wife, and the mother, and there was evidence the children had anxiety over their parents' relationship. We held the evidence supported the district court's finding that the father's remarriage, the hostility between the adults, and the impact the hostility was having on the children was a material change in circumstances. Id. at ¶ 18. In N.C.C., 2000 ND 129, ¶¶ 19-23, 612 N.W.2d 561, this Court affirmed the district court's finding of a material change in circumstances based on evidence the mother repeatedly frustrated the father's visitation, the mother attempted to alienate the father from the child, the mother failed to cooperate with social services' efforts to provide assistance for the child, and the father made improvements in his life.
[¶ 24] We conclude the evidence supports the court's findings of a material change in circumstances and we are not convinced a mistake has been made.
[¶ 25] If the court finds there is a material change in circumstances, the court cannot modify primary residential responsibility unless it also finds the modification is necessary to serve the child's best interests. N.D.C.C. § 14-09-06.6(6)(b). The court must consider the best interest factors set out in N.D.C.C. § 14-09-06.2(1). Siewert, 2008 ND 221, ¶ 19, 758 N.W.2d 691. The court must also consider the best interest factors in light of two additional considerations:
Vining, 2012 ND 86, ¶ 17, 816 N.W.2d 63 (quoting Myers v. Myers, 1999 ND 194, ¶ 10, 601 N.W.2d 264).
[¶ 26] Here, the district court applied the statutory best interest factors and made findings about each factor. The court found most of the factors favored Krueger, and only factor (d), the sufficiency and stability of each parent's home environment and the length of time the child has lived with each parent, favored Tran.
[¶ 27] The court found factor (a), the ability of each parent to provide the child with nurture, love, affection, and guidance, favored Krueger:
The court also found these same reasons limited Tran's ability to meet the child's developmental needs, and therefore factor (c), the ability of each parent to meet the child's developmental needs, favored Krueger. The court further found:
[¶ 28] The court found factor (e), the willingness of each parent to facilitate and encourage a relationship between the child and the other parent, favored Krueger:
[¶ 29] In applying factor (g), the court considered the parents' mental and physical health and found:
[¶ 30] After finding the best interest factors favored Krueger, the court weighed custodial stability and the child's best interests and considered whether a change in residential responsibility is necessary:
The court concluded, "its concerns for [the child's] psychological and emotional health substantially outweigh the interest in stability with her custodial parent, and therefore awarding primary residential responsibility to Ms. Krueger is necessary in [the child's] best interests."
[¶ 31] Tran argues there was no evidence the child was suffering emotionally or developmentally, a change in residential responsibility was not necessary, and the court should have taken other steps to address the hostility between the parties.
[¶ 32] A parent's attempt to alienate a child from the other parent is relevant in deciding whether modification is necessary to serve the child's best interests. N.C.C., 2000 ND 129, ¶ 29, 612 N.W.2d 561. We have said a healthy relationship between the child and both parents is presumed to be in the child's best interests and the parent with residential responsibility has a duty not to alienate the child from the other parent by "poisoning the well." Hurt v. Hurt, 2001 ND 13, ¶ 14, 621 N.W.2d 326; see also Klein v. Larson, 2006 ND 236, ¶ 26, 724 N.W.2d 565. A parent's open hostility toward the other parent and attempts to alienate the child from the noncustodial parent may work against the child's best interests. See Roberson v. Roberson, 2004 ND 203, ¶¶ 12-13, 688 N.W.2d 380. We have said alienating behavior can weigh against the child's best interests even if the child is a happy normal child with strong bonds of attachment to the parent with residential responsibility. See Sweeney v. Sweeney, 2002 ND 206, ¶ 12, 654 N.W.2d 407; see also Vining, 2012 ND 86, ¶ 23, 816 N.W.2d 63. "Methods other than a change of [residential responsibility] should be used initially to attempt to remedy a parent's misbehavior, but, after exhausting other remedies, a change in [residential responsibility] may be the only method to correct the damage of a particularly stubborn and defiant custodial parent, and if alternative remedies fail the district court should consider a change in [residential responsibility]." Frieze v. Frieze, 2005 ND 53, ¶ 4, 692 N.W.2d 912; see also Sweeney, at ¶ 11; Loll v. Loll, 1997 ND 51, ¶ 16, 561 N.W.2d 625.
[¶ 33] In this case, there was evidence the parties have difficulty communicating and cooperating with each other, Tran is extremely hostile toward Krueger, he refuses to stop making abusive and derogatory comments to Krueger, he does not refrain from making abusive comments about Krueger when the child is present, and the hostility has negatively affected the child. The court attempted other methods to remedy Tran's misbehavior before deciding modification of residential responsibility was necessary.
[¶ 34] In 2008, Krueger moved to hold Tran in contempt, alleging he sent her text messages informing her he was moving to
[¶ 35] In a January 2011 order denying Tran's petition for a restraining order, the court ordered the parties not to contact each other for any reason except to confirm exchange times for parenting time or for information about the child's schooling or medical needs. In January 2011, Krueger moved to hold Tran in contempt alleging he failed to comply with visitation and she also requested an emergency interim order temporarily modifying residential responsibility. In February, Krueger filed an affidavit in support of her motion alleging Tran was not complying with the January 2011 order and was sending her harassing text messages. There was evidence supporting Krueger's allegation that Tran continued to send her harassing text messages despite the court order. There was evidence the text messages continued after Krueger filed her February affidavit and Krueger renewed her motion for an interim order. On September 14, 2011, the court denied Krueger's motion for an interim order, but found there were reasonable grounds to believe Tran was in contempt of prior orders directing him to refrain from making abusive and derogatory comments to Krueger. The court advised Tran that the continuation of this misbehavior would constitute exceptional circumstances and would necessitate an interim order. On September 30, 2011, Krueger filed another motion for contempt alleging Tran continued to send her abusive and derogatory text messages. There was evidence Tran continued to send Krueger derogatory text messages after the September 14, 2011, order, including a text message on September 23, 2011, responding to Krueger's reference to "our daughter" in a prior message by texting "My daughter." A hearing was held in October 2011; however, we do not have a transcript of that hearing and the court did not enter a written order. In December 2011, Krueger filed another motion for contempt. There was evidence Tran continued to send Krueger abusive and derogatory text messages, including messages that the child does not need her and messages using abusive and derogatory language.
[¶ 36] Tran was held in contempt, the court advised him that his continued misbehavior would constitute exceptional circumstances for purposes of an interim order, and Tran continued to disregard the court's orders and warnings. The court found Tran's behavior was unlikely to change given his history of disregard for and often open contempt of court orders and admonitions. The court concluded modification was necessary because of the concern for the child's psychological, and emotional health due to Tran's behavior.
[¶ 38] We affirm the district court's decision modifying residential responsibility.
[¶ 39] GERALD W. VANDE WALLE, C.J., MARY MUEHLEN MARING, and DANIEL J. CROTHERS, JJ., concur.
DALE V. SANDSTROM, J., concurs in the result.