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KIENZLE v. SELENSKY

No. 20060364.

740 N.W.2d 393 (2007)

2007 ND 167

Kyle KIENZLE, Plaintiff and Appellee v. Jessica SELENSKY f/k/a Jessica Yantzer, Defendant and Appellant.

Supreme Court of North Dakota.

October 19, 2007.

Attorney(s) appearing for the Case

Brenda A. Neubauer, Neubauer & Oster, Bismarck, N.D., for plaintiff and appellee.

Anne E. Summers (argued) and Edwin W.F. Dyer III (on brief), Dyer & Summers, P.C., Bismarck, N.D., for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Jessica Selensky, formerly known as Jessica Yantzer, appeals from an amended judgment granting Kyle Kienzle's motion to change the residence of the parties' child to North Carolina. We conclude Kienzle has primary physical custody of the child for purposes of deciding this relocation motion, and we affirm the district court's relocation decision.

I

[¶ 2] Selensky and Kienzle have one child together, and have never...

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