Roy Hugh Rushing, II v. Jill Marianne Rushing

This is a post-divorce child custody case. The parties were divorced by a final decree which incorporated the parties’ marital dissolution agreement (“MDA”). The MDA provided, among other things, that the parties would have joint custody of their two minor children, and that the mother would be the primary residential parent. The MDA also stated that the father would provide life insurance on the children’s lives, and that the maternal grandmother would arbitrate the parties’ disputes. Approximately two years later, the mother filed a motion for contempt, claiming that the father had failed to provide the required life insurance on the children’s lives. In response, the father filed a motion to increase his residential time with the children and also sought court approval to provide term-life insurance as opposed to whole-life insurance on the children’s lives. In addition, the father asked the court to strike the MDA provision stating that the maternal grandmother would be the final arbiter of the parties’ child rearing disputes. The trial court denied the mother’s motion for contempt and granted the father’s motion for modification of the MDA. The mother now appeals. We affirm.