McCoy v. Kincade

Joseph C. Self, Special Justice,

concurring.

I concur in the majority opinion, as there was sufficient evidence presented to the circuit court to warrant aj^modificatiom of the divorce decree, but I would have decided the issue regarding the existence of a material change of circumstances on the pleadings of the parties alone.

As mentioned in a majority-opinion footnote, after Kincade filed his motion to modify the existing joint-custody order to receive an award of sole custody, McCoy filed a counterclaim, also asking for a modification that would award custody to her. I find that to be highly…