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GILLIS v. GILLIS

No. 7961

118 N.H. 206 (1978)

EARL J. GILLIS v. JONI GAIL GILLIS

Supreme Court of New Hampshire.

March 31, 1978.

Attorney(s) appearing for the Case

Tetler & Holmes, of Hampton, by brief for the plaintiff.

Dalton, Dalton, Asoian & McGarry, of Andover, Massachusetts, by brief for the defendant.

PER CURIAM.

The issue in this divorce case is whether the burden imposed in Forde v. Sommers, 117 N.H. 356, 373 A.2d 358 (1977), on a parent seeking to modify a custody decree applies when there is a prior agreement of the parties regarding custody but no prior decree of custody.

The parties married in 1972. Their only child, a son, was born on June 30, 1974. In April 1975, the parties separated, and the plaintiff entered...

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