Catley v. Sampson
Annotate this CasePlaintiff was the mother of two boys. After it was established that the boys were Defendant's children, Defendant moved for visitation, which the family court granted. Defendant was subsequently charged with second-degree child abuse, and the family court awarded sole custody to Plaintiff. Defendant was convicted of second-degree child abuse, but the charges were dismissed on appeal. Thereafter, Defendant unsuccessfully filed a motion for sole custody, arguing that the vacating of his conviction and the dismissal of the second-degree child abuse charge were changed circumstances sufficient to modify the existing custody decree. The Supreme Court affirmed, holding that, in light of Defendant's failure to complete required domestic-violence counseling and drug testing, the family court did not abuse its discretion in denying Defendant's motion to modify custody.
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