John Glen Renken v. Jennifer Marie Renken

In this post-divorce dispute, the father filed a criminal contempt petition against his exwife for alleged violations of a permanent parenting plan. In response, the mother filed a counter-petition for criminal contempt, modification of custody, and permission to relocate. The trial court denied the mother’s petition to relocate and the father’s petition for criminal contempt. The court determined that there was not a material change sufficient to modify custody but there was material change that met the lower threshold required for modification of the residential parenting schedule. The court adopted the position of the guardian ad litem that equal parenting time would serve the children’s best interest and modified the parenting plan accordingly. The court also found the father in criminal contempt. We conclude that the court erred in adopting the modified residential parenting schedule without conducting a best interest analysis. So we vacate and remand for further proceedings on this issue. In all other respects, we affirm.