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Posted by: Landry Butler on May 16, 2017

Court: TN Court of Appeals

Attorneys 1:

Ronald G. Freemon, Columbia, Tennessee, for the appellant, Jenna Marie Skelton.

Attorneys 2:

Melanie Totty Cagle, Centerville, Tennessee, for the appellee, James Ryan Skelton.

Judge(s): MCBRAYER

A father and mother moved to modify a permanent parenting plan in which they were each named primary residential parent. Both parents alleged, for different reasons, that a material change in circumstance had occurred sufficient to modify custody. After a hearing, the court determined a material change in circumstance had occurred and that modification of the current joint custody arrangement was in the child’s best interest. The court named the father the primary residential parent and granted the mother liberal visitation. The mother appeals, arguing that the court erred in finding that her move was a material change and in dismissing her modification petition. Upon review, we conclude that the evidence does not preponderate against the chancery court’s findings, and the court did not err in dismissing Mother’s petition. Accordingly, we affirm.