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MOCK v. MOCK

No. 20030115.

673 N.W.2d 635 (2004)

2004 ND 14

Barb MOCK, Plaintiff and Appellee v. Daniel MOCK, Defendant and Appellant.

Supreme Court of North Dakota.

January 20, 2004.

Attorney(s) appearing for the Case

Gary H. Lee, Olson, Burns, Lee, Minot, ND, for plaintiff and appellee.

Suzanne M. Schweigert, Smith, Bakke, Oppegard, Porsborg, Wolf, Bismarck, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Daniel Mock appeals from a district court order denying his motion to amend a child custody order. Daniel Mock argues he established a prima facie case under N.D.C.C. § 14-09-06.6. We reverse and remand, concluding the district court erred in determining Daniel Mock failed to establish a prima facie case entitling him to an evidentiary hearing under N.D.C.C. § 14-09-06.6(4).

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