Mayhew v. Monroe

HOLMES, Retired Appellate Judge.

The parties married in 1985. A son was born of the marriage in May 1990. The parties separated in August 1993 and obtained a divorce in September 1993.

The parties executed an agreement, wherein they agreed that the mother was to have custody of the son, subject to the father’s visitation rights. The trial court adopted the parties’ agreement in its divorce decree.

In November 1996 the father filed a petition for modification, requesting that the trial court award him custody of the son. The father alleged that such a change in custody “would materially promote…