O'NEILL v. O'NEILL

No. 20000091.

619 N.W.2d 855 (2000)

2000 ND 200

Leonard Lane O'NEILL, Plaintiff and Appellant, v. Jennifer C. O'NEILL, n/k/a Jennifer C. Oster, Defendant and Appellee.

Supreme Court of North Dakota.

December 7, 2000.


Attorney(s) appearing for the Case

Debra K. Edwardson, Edwardson Law Office, Minot, ND, for plaintiff and appellant.

H. Malcolm Pippin, Nilles Hansen & Davies, Williston, ND, for defendant and appellee.


KAPSNER, Justice.

[¶ 1] Leonard Lane O'Neill appealed from an order denying his motion for change of custody. We hold O'Neill has presented a prima facie case for modification of custody and we, therefore, reverse and remand for an evidentiary hearing on his motion.

I

[¶ 2] Leonard O'Neill and Jennifer O'Neill, who is now remarried and is known as Jennifer Oster, were married in 1988 and had two daughters. The older child was born August...

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