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Posted by: Stacey Shrader Joslin on Aug 1, 2016

Court: TN Court of Appeals

Attorneys 1:

H. Reid Poland III (on appeal) and James Phillips (at trial), Clarksville, Tennessee, for the appellant, Xaviera Caraballo Forrest.

Attorneys 2:

Christopher J. Pittman and B. Nathan Hunt, Clarksville, Tennessee, for the appellee, Michael Anthony Roberts.

Judge(s): MCBRAYER

This appeal arises from a change in the primary residential parent for two minor children. Mother and Father divorced in Oklahoma. After Mother and the children moved to Tennessee, Father petitioned to modify the joint custody plan adopted in the Oklahoma divorce proceeding. Father alleged a material change in circumstance based upon Mother’s violations of the joint custody plan and Mother’s interference with Father’s relationship with the children. Following a hearing, the trial court found a material change in circumstance and that naming Father the primary residential parent was in the best interest of the children. While not contesting that a material change in circumstance occurred, on appeal, Mother asserts that a change in primary residential parent was not in the children’s best interest. After reviewing the record, we do not find the evidence preponderates against the trial court’s best interest findings. We affirm the judgment of the trial court.