In Re the Marriage of Kirkpatrick

Mother appeals a supplemental judgment that changed custody of the parties’ three sons from mother to father. Mother first argues that father failed to prove a change in circumstances that was substantial enough to warrant a change in custody. In the alternative, she argues that the trial court erred in concluding that a change of custody was in the children’s best interests. As explained below, we conclude, consistent with the trial court’s ultimate ruling, that (1) the evidence was legally sufficient to establish a substantial change in circumstances related to mother’s ability to properly…