Neal Lovlace et al. v. Timothy Kevin Copley et al.

In this grandparent visitation case, we must determine, in the absence of a controlling statutory provision, the appropriate burdens of proof and standards courts should apply where a grandparent and a parent seek to modify and terminate, respectively, court-ordered grandparent visitation. We hold that when a grandparent or a parent initiates a proceeding to modify or terminate court-ordered grandparent visitation, courts should apply the burdens of proof and standards typically applied in parent-vs-parent visitation modification cases. Thus, the burden of proof is upon the grandparent or parent seeking modification or termination to demonstrate by a preponderance of the evidence both that a material change in circumstances has occurred and that the change in circumstances makes the requested modification or termination of grandparent visitation in the child’s best interests. Applying this holding, we conclude that the record in this case supports the trial court’s judgment modifying grandparent visitation. However, we conclude that the trial court failed to make sufficiently specific findings of fact to support its judgment finding the mother in contempt of the order granting grandparent visitation. Accordingly, we reverse the Court of Appeals’ judgment, reinstate that portion of the trial court’s judgment which modified the grandparent visitation arrangement, and vacate those portions of the trial court’s judgment finding the mother in contempt and ordering her to pay a portion of the grandparents’ attorney’s fees.