Frueh v. Frueh

771 N.W.2d 593 (2009)

2009 ND 155

Darin G. FRUEH, Plaintiff and Appellant

v.

Melissa A. FRUEH, n/k/a Melissa Hoheisel, Defendant and Appellee.

No. 20080231.

Supreme Court of North Dakota.

August 27, 2009.

Michael S. McIntee, Towner, N.D., for plaintiff and appellant.

Rebecca C. Graves, Bismarck, N.D., for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Darin Frueh appeals from a district court order denying his motion for a change of custody. We conclude the district court relied upon impermissible factors in deciding whether a change in custody was in the child's best interests, and we reverse and…