Dylan Whitmore v. Melyssa Atkinson

This is an action to modify a permanent parenting plan. Mother appeals the trial court’s order finding her in civil contempt, modifying the parties’ parenting plan, and awarding attorney’s fees to Father. She also argues that the trial court lacked subject matter jurisdiction over Father’s initial petition to establish a parenting plan. We have determined that the trial court properly exercised subject matter jurisdiction over this matter. We affirm the trial court’s finding that Mother’s failure to abide by the parenting plan constituted a material change of circumstance. However, Father failed to carry his burden of proof to demonstrate that modification of the 2021 parenting plan to designate Father as primary residential parent is in the child’s best interest. We therefore reverse the trial court’s judgment granting Father’s petition to modify. We affirm the trial court’s award of attorney’s fees to Father and remand for recalculation of the parties’ child support obligations. Father’s request for attorney’s fees on appeal is denied.