Marsh v. Marsh

BAY MITCHELL, Viee-Chief Judge.

1 This case results from a divorcee granted to Defendant/Appellant Mark Lynn Marsh (Father) and Plaintiff/Appellee Tammy Faye Marsh (Mother). The present appeal concerns the trial court's denial of Father's motion to modify permanent custody *360of the parties' now five-year-old daughter (Minor Child). After a hearing on the issue, the trial court denied Father's motion to modify because he failed to meet the burden of proof set forth in Gibbons v. Gibbons, 1968 OK 77, 442 P.2d 482. Based on Father's failure to produce a record sufficient to show the trial court's…