Damron v. Damron

NEUMANN, Justice.

[¶ 1] Valerie Damron appealed from an amended judgment granting Millard Shawn Damron’s motion for a change in custody of the parties’ two minor children. We hold Shawn Damron failed to meet his burden of proof under N.D.C.C. § 14-09-06.6(5)(b) for a change of custody within two years of a prior order establishing custody, and we reverse.

I

[¶ 2] After a ten-year marriage, Valerie and Shawn Damron were divorced in September 2001 under a stipulated divorce decree. They agreed to joint custody of their two minor children, with Valerie Damron receiving primary physical custody of…