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MILLER v. MILLER

No. 20120424.

832 N.W.2d 327 (2013)

2013 ND 103

Leslie Wade MILLER, Plaintiff and Appellant, v. Jenny Lynn MILLER, n/k/a Jenny Sailer, Defendant and Appellee.

Supreme Court of North Dakota.

June 19, 2013.

Attorney(s) appearing for the Case

Lynn M. Boughey , Bismarck, N.D., for plaintiff and appellant.

Sherry Mills Moore , Bismarck, N.D., for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Leslie Wade Miller appeals from an order denying without an evidentiary hearing his motion to change the primary residential responsibility for his son, B.P.M., from Jenny Lynn Miller, now known as Jenny Sailer, to himself. We affirm, concluding the district court did not err in ruling Miller failed to establish a prima facie case justifying a change of primary residential responsibility.

I

[¶ 2] Miller and Sailer...

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