McCarty v. McCarty
Annotate this CaseAt the time of the divorce of Mother and Father, the parties agreed that Mother would have primary physical custody of the parties’ two children. Five years later, the circuit court changed primary physical custody from Mother to Father. The next year, Mother filed a motion for a change of custody. After a trial, the circuit court held that it was in the best interests of the children for Mother to again have primary physical custody. The Supreme Court affirmed, holding (1) the circuit court erred in finding that a substantial change in circumstances was not required to change custody; but (2) it was in the best interests of the children to change primary physical custody back to Mother based on a substantial change in circumstances.
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