McLoren v. McLoren

Opinion

ARABIAN, J.

Introduction

In this matter Kirk H. McLoren (the father) appeals a modification order by which Nancy M. McLoren (the mother) was granted joint legal custody of their children, Heather and Michael. As we shall explain, the parent who requests a change in custody, whether legal or physical, must establish that the modification is in the best interests of the child based upon a change in circumstances. In the present case, we find an abuse of the trial court’s discretion in modifying legal custody since the mother failed to produce any evidence of the requisite change in…