Eric L. Tate Davis v. Kristin A. Hood

This appeal arises from post-divorce efforts to modify a permanent parenting plan. The father filed a petition to modify child support and subsequently amended his petition to include a request to modify the residential parenting schedule. The mother filed a counter-petition, seeking to limit the father to supervised visitation. After a hearing, the trial court dismissed the father’s petition to modify the residential parenting schedule because the father failed to prove a material change of circumstance. The court, however, found that the mother did prove a material change of circumstance and that modification of the residential parenting schedule to restrict the father to supervised visitation was in the best interest of the child. The trial court also modified child support and awarded the Mother one-half of her attorney’s fees. Both parties appeal the trial court’s decision. The father appeals the trial court’s findings with regard to material changes of circumstance, child support, and the award of attorney’s fees. The father also appeals the trial court’s decision to limit his pretrial discovery. The mother appeals the trial court’s award of only half of her attorney’s fees and decision to divide the costs of supervised visitation between the parties. Upon reviewing the record, we affirm the trial court’s decision and remand this case for a determination of the amount of Mother’s reasonable attorney’s fees on appeal.