SCHUMACKER v. SCHUMACKER

No. 20100282.

796 N.W.2d 636 (2011)

2011 ND 75

Kim SCHUMACKER, Plaintiff and Appellee v. Curttis SCHUMACKER, Defendant and Appellant.

Supreme Court of North Dakota.

April 12, 2011.


Attorney(s) appearing for the Case

Justin D. Hager (argued), Bismarck, ND, for plaintiff and appellee.

Theresa L. Kellington (argued), Bismarck, ND, for defendant and appellant.


KAPSNER, Justice.

[¶ 1] Curttis Schumacker appeals the district court order denying his motion to amend the stipulated divorce judgment granting Kim Blair, formerly known as Kim Schumacker, primary residential responsibility of their children. We reverse and remand, concluding Schumacker's affidavit established a prima facie case entitling him to an evidentiary hearing on his motion to change residential responsibility.

I

[¶ 2] Schumacker...

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