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DAMRON v. DAMRON

No. 20030135.

670 N.W.2d 871 (2003)

2003 ND 166

Millard Shawn DAMRON, Plaintiff and Appellee, v. Valerie DAMRON, Defendant and Appellant.

Supreme Court of North Dakota.

November 13, 2003.

Attorney(s) appearing for the Case

Tom P. Slorby, Minot, N.D., for plaintiff and appellee.

Tamara Lange (argued), James D. Esseks (on brief), American Civil Liberties Union Foundation, New York, N.Y., and Denise C. Hays (appeared), Pringle & Herigstad, P.C., Minot, N.D., for defendant and appellant.

NEUMANN, Justice.

[¶ 1] Valerie Damron appealed from an amended judgment granting Millard Shawn Damron's motion for a change in custody of the parties' two minor children. We hold Shawn Damron failed to meet his burden of proof under N.D.C.C. § 14-09-06.6(5)(b) for a change of custody within two years of a prior order establishing custody, and we reverse.

I

[¶ 2] After a ten-year marriage...

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