Tevya W. v. Elias V.
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When appellant Tevya W. (mother) and appellee Elias V. (father) divorced in 2003, an approved shared parenting plan provided that their son Elias was to reside primarily with his mother. In 2005, the family court transferred full custody of Elias to the father due to the mother's drug usage. In 2006, the mother filed a petition to regain primary custody of Elias. The family court found insufficient evidence to support a change of the custody arrangements. The mother subsequently filed two more petitions to alter custody arrangements, the second of which resulted in an order altering weekend custody, and the third of which resulted in no change to the custody arrangement. The mother appealed the third order, and the circuit court affirmed. On appeal, the Supreme Court affirmed, concluding that the record supported a finding that Elias's current residential placement was in Elias's best interests and holding that there was no abuse of discretion in the conclusions of the family court and circuit court.
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