Benjamin Winans v. Debra D. Winans

Father filed this post-divorce petition seeking a change in custody and a temporary restraining order to prevent Mother from relocating to Texas with the children. Mother responded with a counter petition for relocation and contempt due to Father’s failure to timely pay alimony and child support.  The trial court denied Mother’s request to relocate based on a finding the parties were spending substantially equal time with the children, and it was not in the children’s best interest to relocate to Texas. It also denied Father’s custody petition, found Father in contempt for failure to pay alimony and child support, and assessed attorney fees against Father. Both parties appeal. Finding the trial court placed too great an emphasis on one factor in denying relocation, we reverse the denial of Mother’s petition to relocate. We affirm the trial court in all other respects.