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FRUEH v. FRUEH

No. 20070254.

745 N.W.2d 362 (2008)

2008 ND 26

Darin G. FRUEH, Plaintiff and Appellant v. Melissa A. FRUEH, n/k/a Melissa Hoheisel, Defendant and Appellee.

Supreme Court of North Dakota.

February 21, 2008.

Attorney(s) appearing for the Case

Michael S. McIntee, McIntee Law Finn, Towner, N.D., for plaintiff and appellant.

Rebecca C. Graves, Bismarck, N.D., for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Darin G. Frueh appeals an amended district court order denying an evidentiary hearing on his motion for change of custody. We hold Frueh has presented sufficient evidence to establish a prima facie case for modification of custody; therefore, we reverse and remand for an evidentiary hearing on his motion.

I

[¶ 2] Darin Frueh and Melissa Frueh, now known as Melissa Hoheisel, were divorced in January 2004. By stipulation...

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