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REGAN v. LERVOLD

No. 20130200.

844 N.W.2d 576 (2014)

2014 ND 56

Simone REGAN, Plaintiff and Appellee v. John LERVOLD, Defendant and Appellant.

Supreme Court of North Dakota.

April 3, 2014.

Attorney(s) appearing for the Case

Robert G. Ackre , Cando, N.D., for plaintiff and appellee; submitted on brief.

Timothy P. Hill , Fargo, N.D., for defendant and appellant; submitted on brief.

SANDSTROM, Justice.

[¶ 1] John Lervold appeals from a district court order denying his motion to modify primary residential responsibility from Simone Regan to himself. We conclude the district court erred as a matter of law in ruling that a material change in circumstances did not exist and in denying Lervold's request for a change of primary residential responsibility. We reverse and remand for further proceedings.

I

[¶ 2] Simone Regan...

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