O'Neill v. O'Neill

KAPSNER, Justice.

[¶ 1] Leonard Lane O’Neill appealed from an order denying his motion for change of custody. We hold O’Neill has presented a prima facie case for modification of custody and we, therefore, reverse and remand for an evidentiary hearing on his motion.

I

[¶ 2] Leonard O’Neill and Jennifer O’Neill, who is now remarried and is known as Jennifer Oster, were married in 1988 and had two daughters. The older child was born August 2, 1990, and the younger child was born September 12, 1993. O’Neill and Oster were divorced in 1996 and, based upon stipulation, Oster received custody of the…