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GREEN v. GREEN

No. 20080284.

772 N.W.2d 612 (2009)

2009 ND 162

Britt GREEN, Plaintiff and Appellant v. Lucy A. GREEN, Defendant and Appellee

Supreme Court of North Dakota.

September 16, 2009.

Attorney(s) appearing for the Case

Camille O'Kara Hann (argued), Hann Law PLLC, Dickinson, ND, for plaintiff and appellant.

Jennifer Carol Nelson (argued) and Thomas Myron Jackson (appeared), Legal Services of North Dakota, Bismarck, ND, for defendant and appellee.

CROTHERS, Justice.

[¶ 1] Britt Green appeals from the district court's order denying him an evidentiary hearing on his motion for a change of custody. We reverse the district court's order and remand for an evidentiary hearing on the motion, concluding Britt Green established a prima facie case entitling him to an evidentiary hearing.

I

[¶ 2] Britt Green and Lucy Green were divorced in May 2007. One child was born of the marriage, B.G....

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