Terrence Moore Robinson, Jr. v. Susan Kathleen Robinson

In this post-divorce action, Mother appealed from the trial court’s decision to change the designation of primary residential parent to Father. After an evidentiary hearing, the trial court found that a material change in circumstances had occurred based on the child’s recent athletic development and its impact on his social development. The trial court also found that making Father the primary residential parent was in the best interests of the child. In making the best interests determination, the trial court made particular note that the parties’ fifteen-year-old son preferred to live with Father. Mother appealed, arguing that there was no material change in circumstances and that the trial court erred by failing to consider the importance of continuity and by allowing the preference of the child to control the outcome of the best interests determination. Because we find that the evidence does not preponderate against the trial court’s findings and that there is no error in the trial court’s conclusions, we affirm.