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HOLTZ v. HOLTZ

No. 980261.

595 N.W.2d 1 (1999)

1999 ND 105

April Jeanne HOLTZ, Plaintiff and Appellant, v. James Floyd HOLTZ, Defendant and Appellee.

Supreme Court of North Dakota.

June 18, 1999.

Attorney(s) appearing for the Case

Paul C. Murphy (argued) and Marina Spahr (appearance), Murphy & Spahr Law Office, PC, Carrington, for plaintiff and appellant.

Neil Thompson, Thompson & Thompson, Devils Lake, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] April Jeanne Holtz appealed from a judgment changing the custody of her daughter, Jessica, to the child's father, James Floyd Holtz. We conclude the trial court's findings there was a material change of circumstances since the parties' divorce which required, in the best interests of Jessica, a change of custody, and James rebutted the presumption against custody arising from past acts...

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