Lori Ann Stiles Estes v. Randy Lee Estes

The trial court granted a divorce to the parents of three minor children. The permanent parenting plan incorporated into the decree of divorce designated the mother as the primary residential parent of the parties’ twin sons and younger daughter and granted the father standard visitation. The parties lived in Warren County prior to the divorce, in close proximityto the school the children attended. Two years after divorce, Father filed a petition to modify the permanent parenting plan, and Mother moved to another county. The children all testified in chambers that they wanted to spend half the time with their father and to remain enrolled in the Warren County schools. The court concluded that there had been a material change of circumstances and that it was in the best interest of the two boys that their parenting be shared equally between the parties, with custody alternating weekly. The residential plan for the nine year-old girl was left unchanged. Mother argues on appeal that the trial court erred in ruling that there had been a material change of circumstances, and she asks us to restore the previous parenting plan. We affirm the trial court, but modify the judgment to designate Father as the primary residential parent of the parties’ sons.