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SWEENEY v. KIRBY

No. 20120339.

826 N.W.2d 330 (2013)

2013 ND 9

Brian L. SWEENEY, Plaintiff v. Dawn M. KIRBY, Defendant and Appellant.

Supreme Court of North Dakota.

January 23, 2013.

Attorney(s) appearing for the Case

Brian L. Sweeney , plaintiff; no appearance.

Vanessa Rose Berge , Fargo, ND, for defendant and appellant; submitted on brief.

CROTHERS, Justice.

[¶ 1] Dawn Kirby appeals a district court order denying her motion to modify primary residential responsibility without an evidentiary hearing. We reverse and remand, concluding Kirby made a prima facie case for modification, warranting an evidentiary hearing.

I

[¶ 2] Kirby and Brian Sweeney are the parents of D.L.K., who was born in 2004. Kirby and Sweeney were not married and never lived together. Paternity was established...

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