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H and W divorced, and W was granted custody of their son and daughter. Both remarried. H sought a change of custody in 2001, but his motion was dismissed without a hearing. By agreement in June 2004, their daughter moved in with H. In August 2005, H brought a motion to gain custody of their son, and the district court ordered an evidentiary hearing. A custody investigator was appointed and recommended in her affidavit, and at the hearing that custody of the son be awarded to H, citing concerns about domestic violence, alcohol abuse, lack of structure and arguments with vulgar, inappropriate language in front of the children at the W home. The judge, ruling from the bench, found no material change of circumstances and denied H's motion.

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