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PEEK v. BERNING

No. 20000056.

622 N.W.2d 186 (2001)

2001 ND 34

Malcolm R. PEEK, Plaintiff and Appellant, v. Kimberly J. BERNING, Defendant and Appellee.

Supreme Court of North Dakota.

February 15, 2001.

Attorney(s) appearing for the Case

Brenda A. Neubauer, Neubauer & Oster, Bismarck, ND, for plaintiff and appellant.

Thomas M. Tuntland, Mandan, ND, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Malcolm R. Peek appeals from the district court's judgment finding the best interests of the child supported an award of joint legal and physical custody with a schedule of rotating physical custody. We reverse and remand for further proceedings in accordance with this opinion.

I

[¶ 2] Malcolm R. Peek and Kimberly J. Berning were never married, but in February 1997 they had one child together. Berning also has two...

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