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ANDERSON v. JENKINS

No. 20130078.

837 N.W.2d 374 (2013)

2013 ND 167

Ivy ANDERSON, Plaintiff and Appellee v. Timothy JENKINS, Defendant and Appellant.

Supreme Court of North Dakota.

September 25, 2013.

Attorney(s) appearing for the Case

Pamela F. Coleman , Grand Forks, N.D., for plaintiff and appellee; submitted on brief.

Rhiannon L. Gorham , Grand Forks, N.D., for defendant and appellant; submitted on brief.

SANDSTROM, Justice.

[¶ 1] Timothy Jenkins appeals from a district court order denying his motion to amend an amended divorce judgment to modify primary residential responsibility of the parties' children. We reverse and remand for further proceedings, concluding Jenkins' affidavit established a prima facie case entitling him to an evidentiary hearing on his motion to change residential responsibility.

I

[¶ 2] In 2005, Timothy Jenkins and...

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