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MORTON COUNTY SOCIAL SERVICE BD. v. HOUIM

No. 20130095.

840 N.W.2d 233 (2013)

2013 ND 237

MORTON COUNTY SOCIAL SERVICE BOARD as assignee for Clara Ann Engh, Clara Ann Engh and N.E., minor child, by and through his guardian, Clara Ann Engh, Plaintiffs and Appellees v. Gary HOUIM, Defendant and Appellant.

Supreme Court of North Dakota.

December 19, 2013.

Attorney(s) appearing for the Case

Bobbi B. Weiler , Bismarck, N.D., for plaintiffs and appellees.

Stacy M. Moldenhauer , Bismarck, N.D., for defendant and appellant.

CROTHERS, Justice.

[¶ 1] Gary Houim appeals from an order denying his motion to modify residential responsibility for a child he has with Clara Ann Thompson, formerly known as Clara Ann Engh. Houim's affidavit and supporting documents established a prima facie case entitling him to an evidentiary hearing on his motion. We reverse and remand for further proceedings consistent with this opinion.

I

[¶ 2] Houim and Thompson were never married...

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