Mitchell v. Mitchell

Defendant appeals by right the trial court’s October 3, 2011, order granting a modification of the parties’ divorce judgment with respect to child custody. We affirm.

The parties were married in 1991, had one child in 2003 and one in 2006, and were divorced on March 30, 2009. The parties were awarded joint physical and legal custody of the children. Six months after the divorce judgment, defendant moved to Texas with the children. Defendant began dating Todd Smith while in Texas, and plaintiff requested that Smith submit to a background check because plaintiff was concerned for the safety of…