Gallo v. Kofler
Annotate this CaseMother and Father were divorced pursuant to a Final Decree in March 2009 which gave the parties joint legal custody of their minor child and named Mother as the primary legal custodian. Father then filed a complaint to modify child custody in June 2009 and the trial court transferred primary legal and physical custody of the child to him. Mother appealed from the ruling and contended that the trial court erred by transferring primary custody to Father based on Mother's planned move to New York. Mother also claimed that the trial court erred by failing to make written findings of fact regarding the material change in circumstances that justified the change in custody to Father. The court held that, in light of the trial court's consideration of the evidence and the best interest of the child, the trial court did not abuse its discretion by changing primary custody to the Father. The court also held that the record was devoid of any request by either party for written findings. Accordingly, the judgment of the trial court awarding primary custody to Father was affirmed.
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