Jones v. Jones
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The Supreme Court reversed in part the judgment of the court of appeals finding sufficient evidence to support modifying legal custody of the minor child in this case but not physical custody, holding that the court of appeals erred in finding that Father did not prove a material change in circumstances justifying modification of physical custody.
Upon their divorce, Mother was awarded legal and physical custody of the child. The court later entered a modified decree awarding the parties joint legal and physical custody. Father then filed the instant complaint to modify, alleging that there had been a material change in circumstances warranting a change in the joint custody arrangement. After a trial, the court gave Father physical custody subject to Mother's parenting time and found it unnecessary to modify the parties' joint legal custody. The court of appeals found insufficient evidence to warrant modifying physical custody but sufficient evidence to modify legal custody. The Supreme Court reversed in part, holding that Mother's continuous unemployment and chronic housing instability was a material change in circumstances that affected the child's best interests, and the district court's custody arrangement was in the child's best interests.
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