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IN RE LUKENS

Civil Nos. 980109, 980128.

587 N.W.2d 141 (1998)

1998 ND 224

In the Interest of Hunter James Botnen LUKENS, a minor child. Nathan BOTNEN and his minor child, Hunter James Botnen Lukens, Plaintiffs and Appellees, v. Kathryn LUKENS, Defendant and Appellant, v. Fred LUKENS and Jane Lukens, Intervenors. Nathan BOTNEN and his minor child, Hunter James Botnen Lukens, Plaintiffs and Appellees, v. Kathryn LUKENS, Defendant, v. Fred LUKENS and Jane Lukens, Intervenors and Appellants.

Supreme Court of North Dakota.

December 22, 1998.

Attorney(s) appearing for the Case

Karen K. Braaten, of Karen K. Braaten, Ltd., Grand Forks, ND, for plaintiffs and appellees N.B. and his minor child, H.J.B.L.

Patti J. Jensen, of Lindquist, Jeffrey & Jensen, East Grand Forks, MN, for defendant and appellant K.L.

Jay H. Fiedler, of Pearson, Christensen, Larivee, Clapp, Fiedler, Fischer & Jensen, Grand Forks, ND, for intervenors and appellants Fred Lukens and Jane Lukens.

NEUMANN, Justice.

[¶ 1] Kathryn Lukens, Fred Lukens, and Jane Lukens appealed an amended judgment in Nathan Botnen's action to determine custody of Hunter James Botnen Lukens. We affirm the trial court's denial of Fred Lukens's and Jane Lukens's motion for custody. We reverse the trial court's custody award and remand for redetermination.

[¶ 2] Nathan Botnen and Kathryn Lukens are the unmarried biological...

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