Lovin v. Lovin

MARING, Justice.

[¶ 1] Jeffrey Eugene Lovin appeals from an.amended judgment awarding Nicole Ber-git Borchert primary physical custody of the couple’s son, Jaeden. We hold the trial court used the wrong legal standard when it decided Jaeden’s custodial placement in the context of a motion for new trial instead of a motion to modify a previous custody award. We reverse and remand for further proceedings.

[¶2] Jeffrey and Nicole met and began dating in 1990 while both worked at a Grand Forks restaurant. Jeffrey was 23 and Nicole was 20 at the time. They eventually began living together and Jaeden…