DAVID D. CLARK, JR. v. ASHLYN M. COOPER - Articles

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Posted by: Tanja Trezise on Jun 19, 2014

Court: TN Court of Appeals

Attorneys 1:

Franz F. Springmann, Sr., Sevierville, Tennessee, for the appellant, Ashlyn M. Cooper.

Attorneys 2:

No appearance by or on behalf of David D. Clark, Jr.

Judge(s): SUSANO

This is a case focusing on the custody of J.C.C. (“the Child”), the son of the parties. Soon after the parties entered into an agreed order giving “temporary” custody of the Child to the paternal grandparents, Ashlyn M. Cooper (“Mother”) sought to regain custody. After a hearing, the juvenile court denied Mother’s request. The court determined that Mother failed to establish a material change in circumstances warranting a change of custody. Mother appeals. We conclude that the trial court erred as a matter of law when it applied the standard of “material change in circumstances” to Mother’s motion to modify a “temporary” custody order. We vacate the judgment and remand for further proceedings.

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