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EHLI v. JOYCE

No. 20100185.

789 N.W.2d 560 (2010)

2010 ND 199

Darcy J. EHLI, f/k/a Darcy J. Joyce, Plaintiff and Appellant v. Donald A. JOYCE, Defendant and Appellee.

Supreme Court of North Dakota.

October 19, 2010.

Attorney(s) appearing for the Case

Justin Dale Hager , Bismarck, N.D., for plaintiff and appellant.

Todd D. Kranda , Mandan, N.D., for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Darcy Ehli, formerly known as Darcy Joyce, appeals from an order summarily denying her motion to amend a stipulated divorce judgment granting her and Donald Joyce joint legal and physical custody of their child. We hold Ehli established a prima facie case entitling her to an evidentiary hearing on her motion to change primary residential responsibility of the child. We reverse and remand.

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