Denise J. Irle v. Patty Foster

I fully support and concur with the majority’s holding that clarifies the requirements for a modification of custody between a parent and a third party, such as a grandparent. However, I do not believe that the chancellor in this case was presented with sufficient evidence of a material change in circumstances for the thirty-five days that passed .from the agreed order to the petition for modification. Even giving the Fosters the benefit of the doubt on all charges supporting their petition for modification, there still is insufficient proof to rebut the strong presumption that it is in the…