Klundt v. Benjamin

Citations

• 963 N.W.2d 278
• 2021 ND 149

Syllabus

In proceedings relating to a motion to modify primary residential responsibility, a prima facie case warranting an evidentiary hearing consists of factual allegations sufficient to support a finding of a material change in circumstances and that a change is necessary to serve the best interests of the child. To establish a prima facie case that modification of primary residential responsibility is necessary to serve the best interests of the child requires more than the improved circumstances of the moving party.