Volz v. Peterson

MARING, Justice.

[¶ 1] LeAnn Volz appealed from an order denying her motion to modify the custody provisions of a divorce decree. We reverse and remand, concluding the trial court erred in determining LeAnn had failed to establish a prima facie case entitling her to an evidentiary hearing under N.D.C.C. § 14-09-06.6(4).

I

[¶ 2] LeAnn Volz and Bradley Peterson were divorced in 1998. The divorce judgment, which was based upon the parties’ stipulation, provided for “joini/split custody” of the parties’ three minor children. The children rotate between LeAnn’s and Bradley’s homes every two weeks.

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