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Scott Stockert, Plaintiff and Appellant v. Wanda Stockert, Defendant and Appellee

Per Curiam.

[¶ 1] Scott Stockert appeals from an order denying his motion for a change of custody of the parties' child. Stockert argues the trial court erred in finding no significant change in circumstances. A party seeking modification of a custody order bears the burden of showing a significant change in circumstances.Krizan v. Krizan, 1998 ND 186, ¶ 4, 585 N.W.2d 576. A trial court's custody modification decision "is a finding of fact subject to the `clearly erroneous' standard of review." Mosbrucker v. Mosbrucker, 1997 ND 72, ¶ 5, 562 N.W.2d 390. "Not every change in circumstances will amount to a `significant change' warranting a change or modification of custody." Id. at ¶ 6. We conclude the trial court did not err in finding there was no significant change of circumstances requiring a change of custody. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶ 2] Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

Mary Muehlen Maring

William A. Neumann

Dale V. Sandstrom

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STOCKERT v. STOCKERT
(Oct 16, 2001)