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GOTER v. GOTER

Civil No. 960123.

559 N.W.2d 834 (1997)

1997 ND 28

Todd P. GOTER, Plaintiff and Appellee, v. Sheri L. GOTER, n/k/a Sheri L. Monge, Defendant and Appellant, and Darin Goter and Beverly Goter, Intervenors and Appellees.

Supreme Court of North Dakota.

February 14, 1997.

Attorney(s) appearing for the Case

Joanne H. Ottmar, of Ottmar & Ottmar, Jamestown, for plaintiff and appellee.

Cynthia Schaar-Mecklenberg, of Paulson & Merrick, Jamestown, for defendant and appellant.

Loren C. McCray, Beulah, for intervenors and appellees.

SANDSTROM, Justice.

[¶ 1] Sheri L. Goter, now known as Sheri L. Monge (Monge), has appealed from an amended divorce judgment providing that she share custody of her daughter, Ashley Goter, with Darin and Beverly Goter (Goters), Ashley's paternal uncle and aunt. We conclude the trial court used an incorrect test in deciding custody, and we reverse the judgment and remand for redetermination.

I

[¶ 2] Ashley Goter was born on September 1,...

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