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LOVIN v. LOVIN

Civil No. 960189.

561 N.W.2d 612 (1997)

1997 ND 55

Jeffrey Eugene LOVIN, Plaintiff and Appellant, v. Nicole Bergit LOVIN, n/k/a Nicole Bergit Borchert, Defendant and Appellee.

Supreme Court of North Dakota.

April 1, 1997.

Attorney(s) appearing for the Case

Alan J. Larivee (argued), of Pearson, Christensen, Larivee, Clapp, Fiedler & Fischer, Grand Forks, for plaintiff and appellant.

Patti J. Jensen (argued), of Lindquist & Jeffrey, East Grand Forks, for defendant and appellee.

MARING, Justice.

[¶ 1] Jeffrey Eugene Lovin appeals from an amended judgment awarding Nicole Bergit Borchert primary physical custody of the couple's son, Jaeden. We hold the trial court used the wrong legal standard when it decided Jaeden's custodial placement in the context of a motion for new trial instead of a motion to modify a previous custody award. We reverse and remand for further proceedings.

[¶...

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