Sanders v. Busch

LISA WHITE HARDWICK, Judge.

Kimberlee (formerly Busch) Sanders appeals from a modification judgment transferring custody of her thirteen-year old daughter to her ex-husband, Steven Busch. We reverse and remand because the trial court failed to consider the child’s wishes in determining whether the custody change was in the child’s best interest.

Factual and PROCEDURAL Background

In July 2001, Steven Busch (Father) filed a Motion to Modify the 1994 judgment dissolving his marriage to Kimberlee Busch (Mother). The 1994 judgment awarded the parties joint legal and physical custody of their…