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NIEMANN v. NIEMANN

No. 20060332.

746 N.W.2d 3 (2008)

2008 ND 54

Heidi Lee NIEMANN, n/k/a Heidi Lee Wolf, Plaintiff and Appellee v. Lyle Thomas NIEMANN, Defendant and Appellant.

Supreme Court of North Dakota.

March 20, 2008.

Attorney(s) appearing for the Case

Alan M. McDonagh, Carter McDonagh, P.L.L.P., Grand Forks, ND, for plaintiff and appellee.

Darcie M. Einarson, Einarson Law Office, P.C., Grafton, ND, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Lyle Niemann appealed from a district court order denying his motion for change of custody and an order denying his motion for reconsideration. We reverse and remand for further proceedings in accordance with this opinion.

I.

[¶ 2] In 1998, Lyle Niemann and Heidi Wolf divorced and Heidi Wolf was granted custody of their son and daughter. Both remarried. Lyle Niemann sought a change of custody in 2001 but...

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