Visikides v. Derr

Opinion

MOON, J.

Triantafillos Visikides seeks reversal of an order that transferred the custody of his six year old child to the mother, Melanie Derr (Visikides). He contends that there was no proof of a material change of circumstances and that the trial court erroneously applied a “tender years inference” in favor of the mother. We reverse because the tender years inference has been abolished by statute. Code § 31-15.

A trial court, in determining whether a change of custody should be made, must apply a two-pronged test: (1) whether there has been a change in circumstances since the most…