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Posted by: Landry Butler on May 24, 2017

Court: TN Court of Appeals

Attorneys 1:

Samuel W. Hinson, Lexington, Tennessee, for the appellant, Jason Baine.

Attorneys 2:

K. Michelle Morris-DeLoach, Lexington, Tennessee, for the appellee, Brenda Woods.

Judge(s): MCBRAYER

A father appeals the denial of his petition to modify a permanent parenting plan. The juvenile court found no material change in circumstance had occurred sufficient to modify the primary residential parent designation. The court also denied the father’s subsequent motion to alter or amend the judgment. Because the father failed to file a transcript or a statement of the evidence, we presume that the evidence presented at trial supported the court’s determination that no material change in circumstance occurred. Therefore, we affirm both the judgment of the juvenile court and the denial of the father’s motion to alter or amend the judgment to conform to the evidence presented at trial. We also find that this appeal is frivolous.