IN RE BRAYLIN D. - Articles

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Posted by: Landry Butler on Feb 7, 2017

Court: TN Court of Appeals

Attorneys 1:

Gregory D. Smith, Nashville, Tennessee, for the appellant, Ashley U.

Attorneys 2:

Venus Niner, Franklin, Tennessee, for the appellee, Bobby D.

Judge(s): DINKINS

Mother, who had been designated as the primary residential parent of her eight-year-old child, appeals an order changing the designation to the child’s Father, contending that the material change of circumstances since the entry of the original parenting plan, as found by the trial court, was not sufficient to justify the modification of custody. We have determined that the evidence does not show that the child’s well-being has been adversely affected by the difficulties the parents have encountered in complying with the parenting plan or that the modification is in the child’s best interest; accordingly, we reverse the order changing the designation of the primary residential parent. We reverse the order denying Mother’s request for attorney’s fees for services incurred in securing a judgment for back child support and remand for a determination of the amount of the award.