In the Interest of T.S. & L.S.

A juvenile court cannot considered improved circumstances of one parent in determining a material change in circumstances in awarding sole custody to that parent, but can use such evidence to determine whether that parent will be capable of being the primary caregiver to the children

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The juvenile court entered an order granting sole custody of son, T. S., to the mother and sole custody of daughter, L. S., to the father. The mother appeals the juvenile court’s 1 order denying reunification; 2 findings of fact, conclusions of law, and order modifying custody, visitation, and child support; and 3 child support order. For the reasons that follow, we affirm the juvenile court’s orders. “When reviewing a child custody decision, this Court views the evidence presented in the light most favorable to upholding the trial court’s order.”1

So viewed, the record shows2 that the mother was married to the father, and the couple had three children, one of whom has reached the age of majority and is not subject to these proceedings. On June 30, 2004, a Final Judgment and Decree was entered by the Superior Court of Fayette County, incorporating the terms of a divorce settlement agreement between the parties, which granted the mother sole custody of the children. Under this order, the father’s visitation rights were limited because of an incident during which he struck the oldest child, K. S., in the face, breaking her nose. In September 2006, K. S., who had reached the age of majority, moved in with the father, and subsequently, a November 2006 consent order between the parties allowed the father unrestricted visits with the minor children, T. S. and L. S.

In the Interest of T.S. & L.S.

A juvenile court cannot considered improved circumstances of one parent in determining a material change in circumstances in awarding sole custody to that parent, but can use such evidence to determine whether that parent will be capable of being the primary caregiver to the children

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