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Posted by: Landry Butler on Feb 24, 2017

Court: TN Court of Appeals

Attorneys 1:

Douglas Thompson Bates, IV, Centerville, Tennessee, for the appellants, Michael Holley and Jenny Holley.

Attorneys 2:

Timothy P. Underwood and Joseph W. Henry, Jr., Pulaski, Tennessee, for the appellee, Bethany Holley Ortiz.

Judge(s): MCBRAYER

This appeal concerns a mother's petition to modify an agreed order granting custody of her two minor children to their maternal grandparents. The trial court determined that the mother was entitled to invoke the doctrine of superior parental rights because it concluded that the previous order was a temporary custody order. The court then awarded the mother custody of her children. The grandparents seek review of the trial court's decision, first, to deny the grandparent's request for a continuance to secure new counsel and, second, to allow the mother a presumption of superior parental rights. While we disagree that the presumption of superior parental rights applied, we conclude that Mother still demonstrated a material change in circumstances and that a change in custody was in the children's best interests. We also conclude that the trial court did not abuse its discretion in denying the grandparents' motion to continue. Therefore, we affirm the judgment of the trial court.