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STATE EX REL. MELLING v. NESS

No. 980074.

592 N.W.2d 565 (1999)

1999 ND 73

STATE of North Dakota, County of Cass, ex rel. Kelly A. MELLING, and Tyler Christian Ness, a minor child, Plaintiffs and Appellees v. Jeff Paul NESS, Defendant and Appellant

Supreme Court of North Dakota.

April 27, 1999.

Attorney(s) appearing for the Case

Kelly A. Melling, pro se, Largo, FL. Submitted on brief.

Alisha L. Ankers, Fargo, ND, for defendant and appellant.

NEUMANN, Justice.

[¶ 1] Jeff Ness appealed from an amended judgment denying his request for a change of custody of his son, Tyler Christian Ness, from the child's mother, Kelly Melling, and granting Melling's request to move with Tyler to Florida. We conclude the referee's findings, confirmed by the trial court, that it would be in Tyler's best interests to be allowed to leave North Dakota and reside with Melling in Florida, and that there was no significant...

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